EXPRESS NEXT PROGRAM

EXPRESS NEXT PROGRAM
TERMS AND CONDITIONS
  1. General
    1. The EXPRESS NEXT Rewards Program ("EXPRESS NEXT Program" or the "Program") is sponsored by Express, LLC ("Express", “we”, “us” or “our”). Where the Program is offered, membership is open to legal residents of the United States (including Puerto Rico) who are 18 years of age or older. By becoming an EXPRESS NEXT Rewards Program member and participating in the Program, you (i) represent that you are 18 years of age or older and (ii) agree to the following Program Terms and Conditions (these "Terms"). Your membership is non-transferable. These Terms are void where and to the extent prohibited by law. In any area where these Terms are void due to law, Express may elect at its discretion to no longer offer the Program. EXPRESS NEXT Program membership and its benefits are offered at the discretion of Express. We reserve the right, without limitation, to terminate the Program, or change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time. See “Additional Terms” for more details.
    2. The EXPRESS NEXT Rewards Program is only available in the United States and Puerto Rico at this time.
    3. Information collected as part of the EXPRESS NEXT Program will be used as set forth in our Privacy Policy.
    4. For information about an individual account or any other Program-related questions or information, contact Express via email at talk@express.com or by phone at 1.800.477.8844.
  2. Membership
    1. Enrollment
      1. You can pre-enroll in the EXPRESS NEXT Program by requesting membership at one of our stores located in the area where the Program is offered by providing your phone number and a unique email address. Once pre-enrolled at the store, you will start earning Points (as described below) immediately, but to complete enrollment, become a Member (a “Member” or “you” or “your”) and receive Reward Certificates (defined below) and Program coupons you must complete the member profile information online at www.express.com/next.
      2. Holders of a valid Express Credit Card account who are the primary account holder, who have made a purchase on their Express Credit Card account within the past 12 months, live in the participating Program area and have provided her or his email address with the account will be automatically pre-enrolled in the EXPRESS NEXT Program and will earn Points in this pre-enrolled status. To complete enrollment, become a Member (sometimes the holders of Express Credit Card accounts are referred to as “Express Cardholder Member”) and be eligible to receive Reward Certificates and Program coupons, you must complete the member profile information online at www.express.com/next. If you open an EXPRESS NEXT Credit Card account after the Program commences, upon completion of your EXPRESS NEXT Credit Card application, you will be pre-enrolled in the EXPRESS NEXT Program if you have provided your email address in the application. Your name, email and phone number will then be passed to Express to pre-enroll you in the EXPRESS NEXT Program, but you will need to complete the member profile information online at www.express.com/next to become a Member and be eligible to receive Reward Certificates and Program coupons. Limit one membership per credit card account. Authorized users of the EXPRESS NEXT Credit Card other than the primary account holder will need to enroll pursuant to the provision in subsection II.1.(a), above. For Program-related questions or information visit us online at www.express.com/next or by calling 1.800.477.8844.
      3. You can become a Member without going through the pre-enrollment process by going to www.express.com/next and completing the profile information.
      4. When you provide your profile information (which includes postal address, birthday, preferences) at www.express.com/next, you will create an online account with Express.com and a password to access your Express.com account. You will also be able to access information about your EXPRESS NEXT Points and other information specific to you and the EXPRESS NEXT Program through your Express.com account. You are responsible for creating a complex password to protect your Express.com account and for ensuring that you do not share your password with others. Our password requirements and tips for creating a complex password will be provided at the time you complete your profile. To receive all benefits associated with the Program, including receipt of and access to Reward Certificates information, you must fill out the profile information form completely and as specified.
      5. Limit one membership per person and per email address. In the event of a dispute over ownership of the Program account, the registration will belong to the authorized account holder of the email address submitted at the time of registration. For purposes of these Terms, the "authorized account holder" for the email address is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
    2. Access and Updating Account Information
      1. At the time you pre-enroll, you will be provided with a Loyalty Member ID. When you complete the Member profile information online at www.express.com/next, you will have the opportunity to be provided with an EXPRESS NEXT Member card. By providing your Loyalty Member ID, email address, phone number or EXPRESS NEXT Credit Card (“Membership Identifier”) in store at the register, or if you log into your account online prior to making an online purchase, you will be able to have your Points added to your EXPRESS NEXT Program account. In addition, if you are a Member and provide your Member ID, email address or EXPRESS NEXT Credit Card at the register, you can receive updates on account information at the register, such as whether you have qualified for any Reward Certificates. If you provide your phone number or EXPRESS NEXT Credit Card at the register, you will also need to provide additional proof of identification before your account information will be disclosed to you. As a Member, you can access your account information online by starting at your Express.com account, and entering your password for the account.
      2. Each Member is responsible for maintaining accurate and updated personal information in his or her EXPRESS NEXT Program account profile. You may update your personal information online (www.express.com) through your Express customer account or by calling 1.800.477.8844.
    3. Communication
      1. By pre-enrolling in the Program or being pre-enrolled in the Program through your Express Credit Card account, you agree to receive transactional emails and promotional email offers and updates from the EXPRESS NEXT Program and from Express and its affiliates. Members may not unsubscribe from transactional emails of the Program. Members may unsubscribe from Express promotional emails at any time via the unsubscribe link in those emails. Members can opt out of the Program by calling 1.800.477.8844.
  3. Membership Levels, Earning Points, and Point Expiration
    1. Membership Levels
      1. There are two levels of Members in the EXPRESS NEXT Program: Base Status for Members with 0 to 7,499 Points; and A-List Status for those Members who earn 7,500 Points or more in an Earning Period. For purposes of Member Status, each Earning Period will commence on March 1st each year and end on the last day of February of the following year (“Earning Period”).
      2. Determination of Member Status will be evaluated for each Earning Period. If a Member attains A-List Status in an Earning Period, the Member will commence the next Earning Period at A-List Status, but for purposes of determining Member Status Level for the next Earning Period, the Member’s Points will start at zero for the new Earning Period. By way of example, if a Member reaches A-List Status in the first Earning Period, the Member will be considered at A-List Status in the second Earning Period, but will have to earn sufficient points in the second Earning Period to remain at A-List Status for the third Earning Period.
    2. Earning Points.
      1. Once you pre-enroll, are pre-enrolled or are an EXPRESS NEXT Program Member, when you provide your Loyalty Member ID or email address when you shop at Express stores or when shopping online at www.express.com if you are logged into your EXPRESS NEXT account, you will automatically receive ten (10) Points into your EXPRESS NEXT Program account for every $1 spent on any eligible product purchase (a "Qualifying Purchase," as further described below). Purchases made with an EXPRESS NEXT Credit Card will earn fifteen (15) Points for every $1 spent on a Qualifying Purchase. Points earned will be rounded up to the nearest whole number. If you make a Qualifying Purchase and did not provide your Member ID or email address at the time of the purchase, you may request credit for the Qualifying Purchase within 30 days of the purchase by calling 1.800.477.8844. You must have your receipt to request any such credits and must provide the transaction number located at the bottom of the purchase receipt for which credit is requested. Once it is confirmed that the purchase was a Qualifying Purchase for which a return did not occur, the appropriate Points will be added to your EXPRESS NEXT Program account. Express reserves the right to correct inaccurate Points represented in your EXPRESS NEXT online account.
      2. Points may also be earned by engaging in various ways with Express. This can include the following ways to earn Points:
        Activity Point Value Frequency
        Member profile completion 100 One time only
        Checking in at store register 10 2 times per week
        Providing your Twitter handle in your profile information and then following Express on Twitter. 50 One time only
        Retweeting an original Express tweet from @ExpressLife** 5 4 times per month
        Signing up for SMS text messages 100 One time only
        Posting product reviews on www.express.com 10 2 times per month

        ** With respect to Retweets, to be rewarded the points noted above: i) your Twitter account must be set to public; ii) the message you Retweet must be a Retweet of one of the last 20 tweets within the past 30 days sent by @ExpressLife; and iii) it cannot be a Retweet of someone else’s Retweet from the @ExpressLife

        Express reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of the above means of earning Points and the number of Points earned (whether through purchase or engagement), at any time, with or without notice.

      3. If you provide your Membership Identifier at the time of purchase or engagement, your Points will be added to your account within 72 hours. You should check your points regularly after each purchase, as Express will not make adjustments to a Member’s account after thirty (30) days from the actual purchase (counted in store from the date on the receipt; counted online from the shipment date) or engagement date.
      4. Express will regularly issue Reward Certificates during an Earning Period to Members who have earned 2,500 Points (“Certificate Level”). You will be notified by email at the email address provided in your Express.com account that you have earned a Reward Certificate. You will also be sent a reminder via postal mail unless you elected to opt out of such mailings in the EXPRESS NEXT Member profile section. Upon reaching the Certificate Level and earning your Reward Certificate, Express will deduct 2,500 Points from your Member account. While the 2,500 Points used for each Reward Certificate will be deducted from your Rewards account for purposes of earning Reward Certificates, those Points will continue to be counted towards determining whether you have reached A-List Status of membership.
      5. If you return merchandise, the Points you had earned from the purchase of that merchandise will be deducted from your current Points total, even if the purchase was made in a prior Earning Period and the deduction creates a negative Point balance. Negative Point balances never expire, but a Member can move into a positive Point balance by making purchases or engaging with Express as noted above. If a return results in dropping your Points below 7,500 Points, your Member level will be returned to Base Level until you have earned the Points to move back into A-List Status.
    3. Points Expiration.
      1. For purposes of earning Reward Certificates, YOUR POINTS WILL EXPIRE ON A ROLLING 12-MONTH BASIS. By way of example, if a Member earns Points on October 1, 2011, those Points will be deducted from the Member’s account on October 1, 2012 if the Points have not been used towards a Reward Certificate (in other words, the Member did not earn 2,500 Points during the 12-month period).
    4. Qualifying Purchases.
      1. Qualifying Purchases include regular and sale priced merchandise, gift card and e-card purchases in Express U.S. stores (including outlet stores), online, and purchases made with merchandise credits issued in the form of a certificate or gift certificate. Purchases of the following items are not qualifying purchases and points will not be earned on them: the amount of purchase covered by the redemption of a reward certificate or program coupon, purchases of gift boxes and gift wrapping services online, redemption of gift cards, sales tax, state fees, shipping charges, delivery charges or other excluded charges specified by Express from time to time.
    5. Points Value.
      1. POINTS HAVE NO CASH VALUE. POINTS THAT REMAIN ON A MEMBER’S ACCOUNT WILL EXPIRE AND WILL BE FORFEITED IF THE PROGRAM IS TERMINATED.
  4. Reward Certificates and Other Benefits
    1. Reward Certificates and Redemption of Certificates and Coupons.
      1. Each time you reach a Certificate Level (earning a Point balance of two thousand five hundred (2,500) Points) within an Earning Period, you will be eligible to receive one (1) Program Reward Certificate (a "Reward Certificate"). You will be notified that you have earned a Reward Certificate as specified in Section IV.1.g below. Your Reward Certificate will not be sent to you, but you can redeem your Reward Certificate at participating Express stores or online at express.com as specified in Section IV.1.e below. Points used for Reward Certificates will automatically be subtracted from your Points balance when Reward Certificates are issued.
        1. If you are a Base Level Member, each Reward Certificate will have a value of up to $10 that can be used towards the purchase of Express products.
        2. If you are an A-List Member, each Reward Certificate will have a value of up to $15 that can be used towards the purchase of Express products.
      2. If you are an A-List Member, you will receive a coupon for your birthday with an up to $40 value that can be used towards the purchase of products at Express stores, located in the United States and in Puerto Rico or at www.express.com. If you are an EXPRESS NEXT Cardholder Member at the Base Level, you will receive a coupon for your birthday with an up to $10 value that can be used towards the purchase of Express products at Express stores, located in the United States and in Puerto Rico or at www.express.com. Birthday coupons may also be used at Express Factory Outlet stores. Birthday Program coupons may not be used in combination with other coupons or storewide offers.
      3. NO CASH VALUE. REWARD CERTIFICATES AND PROGRAM COUPONS MAY ONLY BE USED ONCE, HAVE NO CASH OR MONETARY VALUE, ARE NOT REDEEMABLE FOR CASH, AND NO CHANGE OR CURRENCY WILL BE GIVEN FOR REWARD CERTIFICATE REDEMPTION.
      4. NO PARTIAL REDEMPTIONS. If the price of a product is more than the value of a Reward Certificate or Program coupon, you will need to pay for the remaining cost of the product. IF THE PRICE OF THE PRODUCT IS LESS THAN THE VALUE OF THE REWARD CERTIFICATE OR PROGRAM COUPON, THE REMAINING VALUE OF THE REWARD CERTIFICATE OR PROGRAM COUPON WILL BE SACRIFICED.
      5. NO REISSUE OF REWARD CERTIFICATES, PROGRAM COUPONS OR POINTS UPON RETURNS. WE WILL NOT RETURN OR REISSUE TO YOU ANY REWARD CERTIFICATE(S) OR PROGRAM COUPON(S) YOU USED TO PURCHASE A PRODUCT, OR ADD POINTS TO YOUR EXPRESS NEXT PROGRAM ACCOUNT, IF OR WHEN YOU RETURN THE PRODUCT TO US. THIS IS BECAUSE REWARD CERTIFICATES, PROGRAM COUPONS AND POINTS HAVE NO CASH VALUE AND CAN BE USED ONLY ONCE. IF YOU CHOOSE TO USE A REWARD CERTIFICATE OR PROGRAM COUPON TO PURCHASE AN ITEM THROUGH OUR STYLE FINDER PROGRAM (LOCATING THE ITEM AT ANOTHER LOCATION) AND THE ITEM IS NOT LOCATED AND SHIPPED TO YOU, YOU WILL LOSE THE VALUE OF THE REWARD CERTIFICATE OR PROGRAM COUPON AND POINTS WILL NOT BE ADDED TO YOUR EXPRESS NEXT PROGRAM ACCOUNT FOR THE POINTS REPRESENTED BY THE LOST REWARD CERTIFICATE OR PROGRAM COUPON.
      6. Reward Certificates and Program coupons can be used in participating Express stores, located in the United States and in Puerto Rico or at www.express.com. Reward Certificates may also be used at Express Factory Outlet stores. To redeem your Reward Certificate or a Program coupon in store, you must provide your Membership Identifier at the time of purchase. To redeem your Reward Certificate or a Program coupon online you will need to log in to your Express.com account before completing your checkout process. Reward Certificates may be redeemed at the same time as using Express coupons, certificates, discounts, or offers toward the purchase of products. Up to five (5) Reward Certificates may be redeemed in a single transaction.
      7. UNLESS OTHERWISE NOTED ON THE REWARD CERTIFICATE OR PROGRAM COUPON, EACH REWARD CERTIFICATE AND PROGRAM COUPON WILL EXPIRE ON THE EXPIRATION DATE SHOWN ON THE REWARD CERTIFICATE OR PROGRAM COUPON (WHICH WILL BE NOT LESS THAN 60 DAYS FROM THE ISSUANCE DATE -- NOT THE DATE THE REWARD OR COUPON IS RECEIVED BY THE MEMBER) AND EXPIRE AT 11:59 PM EASTERN TIME ON THE EXPIRATION DATE SHOWN ON THE REWARD CERTIFICATE OR PROGRAM COUPON.
      8. Once you have earned a Reward Certificate, you will be notified that you have earned your Reward Certificate at the email address you designated in your profile information. We suggest adding Express.com to the approved senders list in any spam filter you are using, as we have no responsibility for ensuring that you receive emails we send to you. Express may also send you reminders about your Reward Certificates or Program coupons by email or to the postal address you provided in your Express.com account.
      9. Additional exclusions and limitations may be specified on the Reward Certificate or Program coupon at the discretion of Express. Members may be notified of additional eligible and ineligible products at the point of redemption.
      10. No photocopies or facsimiles of Reward Certificates or Program coupons will be accepted. Lost, stolen, or expired Reward Certificates or Program coupons will not be replaced. Qualifying Purchases made at the time a Reward Certificate or Program coupon is redeemed for purchase amounts not covered by the Reward Certificate or Program coupon will be applied to the Member’s account who earned the Reward Certificate that is being redeemed.
    2. Other Benefits.
      1. If you are a current EXPRESS NEXT A-List Member you will also receive free standard shipping for orders placed at www.express.com when using your EXPRESS NEXT A-List Credit Card.
  5. Additional Terms
    1. EXPRESS NEXT Program membership and its benefits are offered at the discretion of Express. Express reserves the right, without limitation, to terminate, change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time, even though such changes may affect the value of Points already accumulated and/or the ability to use accumulated Points toward Reward Certificates. Express may, among other things: (i) increase or decrease the number of Points earned on a Qualifying Purchase or for engaging with Express; (ii) increase the number of Points required to earn a Reward Certificate; (iii) institute or add blackout dates; (iv) change the value of a Program coupon to be received for a birthday; (v) modify Point expiration dates; and/or (vi) limit the number of Reward Certificates for use by a Member on a single purchase. WE MAY CHANGE OR MODIFY THESE TERMS BY POSTING THE UPDATED TERMS AT WWW.EXPRESS.COM AND SENDING YOU AN EMAIL ADVISING YOU OF THE NEW OR DIFFERENT TERMS AT LEAST 30 DAYS BEFORE THEY GO INTO EFFECT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE NEW OR DIFFERENT TERMS. YOU SHOULD PERIODICALLY VISIT WWW.EXPRESS.COM TO REVIEW THE THEN CURRENT TERMS TO WHICH YOU ARE BOUND.
    2. These Terms supersede all previously published Terms in their entirety.
    3. Abuse of the Program, including failure to follow Program policies and procedures, the sale or barter of Reward Certificates, Program coupons, products, Points, or promotional offers, and any misrepresentation of fact relating to these or other improper conduct as determined by Express in its sole judgment may result in cancellation of a Member’s EXPRESS NEXT Program account and future disqualification from Program participation, forfeiture of all Points accrued, and cancellation of previously issued but unused Reward Certificates. At our discretion, and without limitation of our other rights and remedies, we may prosecute abuse of the Program to the fullest extent of the law.
    4. Points and/or Reward Certificates or Program coupons are not transferable and may not be combined among Members or conveyed by any means to anyone, including through a Member’s estate, and may not pass to a Member’s successors and assigns. Accrued points and/or Reward Certificates or Program coupons do not constitute property of the Member. Accrued points and/or Reward Certificates or Program coupons are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise.
    5. Express reserves the right to make bonus Points and other promotional offers available to select Members based on purchase activity, geographic location, Program participation, and/or information supplied by the Member. Express reserves the right to add, withdraw, amend, or otherwise change bonus opportunities at any time at its sole discretion, with or without notice to Members.
    6. Express, its parent and subsidiaries and affiliate entities, and their respective officers, directors, employees, and agents (the "Released Parties") 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, membership in the Program, or any products or services related to the Program. BY PARTICIPATING IN THE PROGRAM, EACH MEMBER HEREBY RELEASES THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) RELATING TO THAT MEMBER’S PARTICIPATION IN THE PROGRAM, USE OF REWARD CERTIFICATES OR PROGRAM COUPONS, OR AGREEMENT TO THESE TERMS.
    7. The Express logo, EXPRESS NEXT Program logo, and other logos and taglines are the intellectual property of Express. Artwork, photography, and logos, including the logos and taglines used in conjunction with the EXPRESS NEXT Program, on this web site or in print, are copyrighted intellectual property of Express. These logos and materials may not be used, reproduced, replicated or doctored in any manner without the express written consent of Express.
    8. This Program and these Terms will be governed by and construed under the substantive laws of the State of Ohio, without reference to conflict-of-laws considerations, except where federal law including the Federal Arbitration Act apply.
    9. INDIVIDUAL ARBITRATION OF DISPUTES.
      1. Express and Member each agree that any dispute, claim, or controversy arising from or relating to the Program or these Terms shall be resolved by individual binding arbitration, and not through litigation, unless the claim is properly filed in a small claims court on an individual basis. The arbitrator’s authority to resolve claims and make awards is limited to claims between you and us alone. Furthermore, claims brought by you against us, or by us against you, may not be joined or consolidated in arbitration with claims brought by or against someone other than you, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. THIS MEANS THAT NEITHER OF US WILL HAVE THE RIGHT TO FILE OR PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE ACTION RELATING TO THE PROGRAM, AND THAT ANY ARBITRATION PROCEEDINGS WILL BE LIMITED TO THE CLAIMS BETWEEN YOU AND US. BOTH YOU AND WE ARE GIVING UP ANY RIGHT YOU AND WE MAY HAVE HAD TO A JURY TRIAL, AND ALL OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT THAT ARE NOT AVAILABLE IN ARBITRATION.
      2. This Arbitration Provision is intended to apply as broadly as possible, and to include all parties and claims that would be included in a case brought in court. Thus, the Arbitration Provision also requires arbitration as to any other corporate or natural persons who are parties to the claim, such as our corporate affiliates and vendors, and members of your family. The Arbitration Provision also applies to claims of every kind and nature, including but not limited to counterclaims, crossclaims and third-party claims, and claims based upon torts, statutes, regulations, common law and equity. However, any dispute over the validity, enforceability or scope of this Arbitration Provision shall be decided by a court, not an arbitrator.
      3. You or we may commence an arbitration proceeding by following the rules then in effect for either JAMS or the American Arbitration Association (AAA), as selected by the party commencing an arbitration. For a copy of the rules, to file a claim or for other information, contact either JAMS (jamsadr.com or 800-352-5267) or AAA (adr.org or 800-778-7879). In addition to JAMS and AAA, claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act as it may be amended (FAA), provided that any such organization and arbitrator(s) will enforce the terms of this Arbitration Provision. This Arbitration Provision is made concerning transactions involving interstate commerce and shall be governed by the FAA. If there is a conflict between the applicable arbitration rules and this Agreement, this Agreement shall govern. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, shall honor claims of privilege recognized at law, and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. The arbitrator shall take reasonable steps to preserve privacy and confidentiality. Judgment on any arbitral award may be entered in any court having jurisdiction.
      4. If there is an in-person Arbitration hearing, it shall take place in the federal judicial district that is closest to your residence and contains an Express store.
      5. You will be responsible for paying your share, if any, of arbitration fees, but only up to the amount of filing fees you would have paid to file a claim in the state or federal court closest to your residence. We will be responsible for any additional arbitration fees, even if we win the arbitration.
      6. This Arbitration Provision shall survive termination of the Program or your EXPRESS NEXT Program account and any bankruptcy by you or us. If any portion of this Arbitration Provision or this Agreement is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision; provided, however, that the entire Arbitration Provision shall be invalidated if the requirement of arbitration solely on an individual basis is deemed invalid or unenforceable.