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"). 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, with or without notice. 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. 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. In California, you will have to enroll online at express.com/next as provided in subsection II.1.c, below or be enrolled as a result of being approved for an EXPRESS NEXT Credit Card (see, Section II.1.b., below). Once pre-enrolled at the store, you will start earning Points (as described below) immediately, but for complete enrollment to 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, and live in the participating Program area will be automatically pre-enrolled in the EXPRESS NEXT Program and will earn Points in this pre-enrolled status. For complete enrollment to 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 if you have provided your email address in the application you will be pre-enrolled in the EXPRESS NEXT Program. 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. If you have points earned in the current Express Credit Card Rewards Program at the time of your EXPRESS NEXT Program Membership enrollment, points earned in that program will not be converted to the EXPRESS NEXT Program. Instead, you will be notified of and sent your final certificate based on points earned in the Express Credit Card Rewards Program at the time the EXPRESS NEXT Program commences and advised of the time in which you must use the final certificate
      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. When you provide your profile information (which includes postal address, birthday, preferences) at www.express.com/next to become a Member, including if you are pre-enrolled, 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 to ensure that you do not share your password with others. Instructions on creating a complex password will be provided at the time you complete your profile and password. 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 in the profile sign up.
      4. Limit one membership per person and per email address. In the event of a dispute over ownership of the Program account, the registration will be declared to have been made by 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 enter your password for the account. [NOTE REGARDING CALIFORNIA: You must provide your Loyalty Member ID or your EXPRESS NEXT Credit Card to have your points added at the time of purchase in our stores in California and we cannot provide account information at the register. If you do not have your Loyalty Member ID with you or do not have an EXPRESS NEXT Credit Card, you can request credit for Qualifying Purchase as specified in Section III.2.a., below.]
      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. Your information will be maintained and handled according to the Express Privacy Policy.
    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: the Base Status for Members with 0 to 7,499 Points; and the A-List Status for those Members who earn 7,500 Points or more in an Earning Period. For purposes of the 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 the 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 (however, in California you must provide your Loyalty Member ID) 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 90 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.
      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 Express tweets 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

        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 ninety (90) 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. Returns will be netted from your overall Points total. Returns of merchandise purchased in the prior Earning Period will be deducted from the Member’s current Earning Period Points balance and could create a negative Point balance. Negative Point balances never expire, but a Member can move into a positive Point balance with 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 a Base Level until you have earned the Points to move back into the A-List Status.
    3. Points Expiration.
      1. For purposes of earning Reward Certificates, your Points will expire on a rolling 12 month period. By way of example, if a Member earns Points on October 1, 2011, those Points will be deducted from the Member’s account on September 30, 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. Your Points will automatically be subtracted from your Points balance for Reward Certificates upon issuance of a Reward Certificate.
        1. If you are a Base Level Member, each Reward Certificate will have a value of $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 $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 a $40 value that can be used towards the purchase of any single Express product. If you are an EXPRESS NEXT Cardholder Member at the Base Level, you will receive a coupon for your birthday with a $10 value that can be used towards the purchase of any single Express product. In either case, if the price of the product is more than the value of the coupon, the remaining cost of the product will need to be covered by payment from you. Likewise, in both cases if the value of the product is less than the value of the coupon, the remaining value of the coupon will be sacrificed. Similar to Reward Certificates, coupons may only be used once, have no monetary value, have no cash value, are not redeemable for cash and no change/currency will be given for coupon redemption..
      3. Reward Certificates may only be used once. Reward Certificates have no cash value, are not redeemable for cash and no change/currency will be given for Reward Certificate redemption. If the value of your purchase at the time you use your Reward Certificate is less than the amount of the Reward Certificate, the remaining value of the Reward Certificate will be sacrificed.
      4. If you return an item for which you used a Reward Certificate or Program coupon to pay for all or a portion of the item, you will not receive the value of the Reward Certificate or Program coupon because neither has a cash value. Further, if you return an item for which you used a Reward Certificate to pay for all or a portion of the item, Points will not be added to your EXPRESS Next Program account for the Points represented by the Reward Certificate. 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 coupon and Points will not be added to your EXPRESS Next Program account for the Points represented by the lost Reward Certificate.
      5. Reward Certificates and Program coupons can be used in participating Express stores located in the United States and in Puerto Rico, at Express Last Hurrah outlet stores or at www.express.com. 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.
      6. 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.
      7. 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. 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.
      8. 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.
      9. 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. We reserve the right, without limitation, to terminate, change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time, with or without notice, 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 your continued participation in the Program after such posting will constitute your acceptance. You should therefore 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 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.
      1. 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. Express and Member each agree that any dispute, claim, or controversy arising from or relating to this Program and these Terms or Member’s EXPRESS NEXT Program membership will be resolved by binding arbitration conducted in the State of Ohio, Franklin County. Express and Member each acknowledge and agree that each has chosen arbitration rather than litigation to resolve any such dispute, claim, or controversy. Express and Member each understand that a judgment on any arbitral award may be entered in any court having jurisdiction. No arbitration under this Program and these Terms will be consolidated with any other arbitration.