EXPRESS NEXT PROGRAM
TERMS AND CONDITIONS
PLEASE NOTE THAT THE TERMS AND CONDITIONS HAVE CHANGED EFFECTIVE MARCH 1, 2017.
The EXPRESS NEXT Rewards Program (the “Program”) is sponsored by Express, LLC (“EXPRESS,” “we,” “us,” or “our”). The Program allows participants in the Program (“Member,” “you,” or “your”) to earn points for the dollars you spend at EXPRESS, as well as by engaging with EXPRESS on social media, or in other ways designated by us. Once a Member in the Program earns enough points, EXPRESS will issue them a reward such as a Reward Certificate, which can be redeemed towards merchandise at EXPRESS locations or on EXPRESS’s website.
The rewards and points earned by Members may vary based on a variety of factors, including, but not limited to, the date or time of purchase, the geographic location of the Member or store, and whether the Member or purchase is included in a trial or test program in which we are evaluating possible changes to the Program. EXPRESS reserves the right to make bonus points or other offers, or to add, withdraw, or otherwise change point-earning opportunities based on these or other factors at its sole discretion, with or without notice to you. The ways to earn points, and the rewards and other benefits currently being offered in the Program, are available at www.express.com/next-rewards.
1. Eligibility: You may become a Member only if you are at least 13 years of age and you legally reside in the United States or you are at least 14 years of age and you legally reside in Puerto Rico (collectively referred to as the “Program Area”). Commercial customers and individuals purchasing items for resale are not eligible for membership. Limit one membership per person and per email address. Your membership is non-transferrable. EXPRESS reserves the right to approve, deny, or revoke membership in the Program for any individual for any reason whatsoever.
2. Enrollment: By providing the information required to enroll in the Program, you represent to EXPRESS that you are at least 13 years of age or older (14 years of age or older in Puerto Rico), and you agree to these Program Terms and Conditions (“Terms”). If you are between 13 and 18 years of age (in Puerto Rico, between 14 and 21 years of age), you agree you have obtained permission from your parent or legal guardian to be a Member of the Program (in Puerto Rico, parents must also submit the application of any individual between 14 and 21 years of age). You can enroll in the Program in the following ways:
a. In-store: You can enroll in the Program by requesting a membership at an EXPRESS store in the Program Area, and providing your phone number and a unique email address. Once you have enrolled at a store, you start earning points that convert to rewards as described below. Complete your member profile information online at www.express.com/next to receive full Program benefits.
b. Online: You can enroll in the Program by going to www.express.com/next and submitting all required member profile information.
c. EXPRESS NEXT Credit Card: If you were the primary account holder of a valid EXPRESS NEXT Credit Card account at the time the Program was created, you made a purchase on your EXPRESS NEXT Credit Card account within the last 12 months, you live in the Program Area, and you provided your email address when you applied for the card, you were automatically enrolled in the Program and will earn points as described below.
After the date the Program commenced, if you open an EXPRESS NEXT Credit Card account you will be enrolled in the Program and will start earning points, provided that you submitted your email address to us with your application. If you do not submit your email address with your application, you will be pre-enrolled in the Program. However, to receive any Program benefits, you must complete your member profile information online at www.express.com/next .
Limit one membership per EXPRESS NEXT Credit Card account. Authorized users of the EXPRESS NEXT Credit Card other than the primary account holder must enroll in-store or online as explained above.
d. EXPRESS reserves the right to provide select Program benefits to Members that are pre-enrolled. From time to time, EXPRESS may complete the enrollment process for persons who pre-enrolled, by sending a notification to such persons informing them of the activation of their rewards.
e. Redemption of a reward confirms a Member’s acceptance of the Program Terms.
3. Member Profile Completion and Data Collection: When you provide us with your member profile information (such as postal address, birthday, and other preferences) at www.express.com/next , you will be prompted to create an online account at Express.com and a password for your account. Creating an online account at express.com will allow you to view information about your points earned as part of the Program, as well as other information specific to you.
To secure your account, you must create a complex password. Password requirements and tips for creating a secure password will be provided to you at the time you create your express.com account.
To ensure that you receive all Program benefits, you must fill out your member profile information completely and correctly. You are responsible for maintaining accurate and updated personal information as part of your express.com profile. You can update your profile by logging into your account online, or by calling EXPRESS at 1.888.397.1980.
4. Loyalty Member ID; Member Card; Membership Identifiers: When you enroll, EXPRESS will provide you with a Loyalty Member I.D. Once you have completed the member profile information online at www.express.com/next you may obtain an EXPRESS NEXT Member Card. By providing your Loyalty Member I.D., Member Card, email address, phone number, or EXPRESS NEXT Credit Card (a “Membership I.D.”), in store at the register, or by logging into your Member account online before making a purchase, you will earn points for your Program account, as explained below.
Upon becoming a Member, you also may use your Membership Identifier at the register to receive certain updates on account information, such as whether you qualify for any Reward Certificates we may be offering at the time. If you use a telephone number or EXPRESS NEXT Credit Card as your Membership Identifier at the register, you must also provide additional proof of identification before your account information will be disclosed to you. You may access and update your account information online by logging in to your express.com account.
5. Earning points: Points can be earned by making purchases in store or online, by engaging with EXPRESS on social media, or in other ways as determined by EXPRESS from time to time. The current list of ways for you to earn points is available at www.express.com/next-rewards.
Once you have enrolled in the Program as described above, you can begin to earn points on Qualifying Purchases or by engaging with EXPRESS. You can earn points when you provide a Membership Identifier when you shop in EXPRESS stores or at express.com. If you do not provide a Membership I.D. when completing your purchase, you may request credit for your purchase within 30 days by calling 1.888.397.1980. You must have your receipt and be able to provide the transaction number located at the bottom of the receipt to receive credit.
After we have confirmed your purchase was eligible to receive points and no points have already been awarded, and that no return has occurred, the appropriate number of points will be added to your Program account. EXPRESS reserves the right to make corrections to the number of points in your Program account to ensure accuracy.
If you provide a Membership Identifier at the time of your purchase or engagement, the appropriate number of points will be posted to your Program account within 72 hours or as soon as systematically possible, whichever is greater. Bonus points will be posted to your Program account within 4 to 6 weeks after the end date of the promotion. It is your responsibility to ensure that the correct number of points have been posted to your account after each purchase or engagement. EXPRESS will not adjust the number of points in your account after 30 days from the date of the engagement, or 30 days from the date of purchase if made in store as stated on the receipt, or 30 days from the date of shipment in the case of a purchase made online.
6. Qualifying Purchases and Returns: Points are only earned on select purchases (“Qualifying Purchases”). These include regular and sale priced merchandise, gift card and e-card purchases in EXPRESS U.S. stores (including EXPRESS Factory Outlet stores), online, and purchases made with merchandise credits issued in the form of a certificate or gift certificate.
Points are not earned on the amount of a purchase covered by a Reward Certificate or Program Coupon, purchases of gift boxes and gift wrapping services, redemption of gift cards, sales tax, state fees, shipping charges, delivery charges, or other excluded charges specified by EXPRESS from time to time.
If you return merchandise, the points you earned from that purchase will be deducted from your current point total, even if the purchase was made in a previous Earning Period and it causes you to have a negative point balance. Negative point balances do not expire, but you can make your balance positive by earning points.
7. Point Value and Expiration: points have no cash value. Points expire on a rolling 12-month basis. For example, if you earned points on October 1, 2015, and those points have not been used towards a Reward Certificate by October 1, 2016, those points will expire and be deducted from your account on October 1, 2016.
If the Program is terminated, the points remaining on a Member’s account will expire and be forfeited.
8. Reward Certificates: Reward Certificates are one of the rewards EXPRESS may offer as part of the Program. When being offered, Reward Certificates are issued when you earn a specified number of points (current point levels are available at www.express.com/next-rewards). If you earn a Reward Certificate, EXPRESS may notify you by email, postal mail, text if you have opted into the EXPRESS Mobile Alerts Program, or by social media accounts tied to the email address you provided in your member profile information. The current values of Reward Certificates are available at www.express.com/next-rewards.
We suggest that you add emails from EXPRESS to your spam filter to ensure delivery. EXPRESS has no responsibility for ensuring that you have received emails we send to you. EXPRESS may also send you reminders to use your Reward Certificate and other coupons.
Once a Reward Certificate is issued, the points used to obtain it will be deducted from your account. However, those points will continue to be counted towards earning A-List Status.
9. Redeeming Reward Certificates: Reward Certificates may only be redeemed at participating stores within the Program Area, or at www.express.com. To redeem your Reward Certificate at an EXPRESS location, you will need to provide a Membership Identifier at the time of purchase. To Redeem your Reward Certificate online, you will need to login to your express.com account before completing the checkout process.
Reward Certificates may be redeemed at the same time as other EXPRESS coupons, certificates, or offers toward the purchase of products. The redemption of Reward Certificates is subject to the following additional terms and conditions and confirms your consent to these Terms:
a. No Cash Value: Reward Certificates have no cash value and are not redeemable for cash. Each Reward Certificate may only be used once. No change or monetary currency will be given for Reward Certificate redemption.
b. No Partial Redemptions: If the price of your purchase is greater than the amount of the Reward Certificate, you will need to pay the remaining cost of the product. If the price of your purchase is less than the amount of the Reward Certificate, the unused portion of the Reward Certificate will be forfeited.
c. No Reissue of Reward Certificates, Program Coupons, or points upon Return: We will not return or reissue Reward Certificates, Program Coupons, or points you used if you return the products purchased. This is because Reward Certificates and Program Coupons may only be used once and have no cash value.
d. Use of Style Finder Program: If you use a Reward Certificate or Program Coupon to purchase an item though the Style Finder Program (locating the item at another location), and the item is not found and shipped to you, you will lose the value of the Reward Certificate or Program Coupon, and points will not be added to your account to compensate you for the loss of the Reward Certificate or Program Coupon.
e. Reward Certificate and Program Coupon Expiration: Unless otherwise stated on the Reward Certificate or Program Coupon, each Reward Certificate or Program Coupon will expire at 11:59 PM Eastern Time on the date reflected on the Reward Certificate or Program Coupon (which will not be less than 60 days from the date of issuance, rather than the date the Reward Certificate or Program Coupon was received by you).
f. Additional Exclusions: Additional exclusions may be specified on the Reward Certificate or Program Coupon at the sole discretion of EXPRESS. You may be notified of additional exclusions at the point of purchase.
g. No Photocopies; No Replacement for Lost or Stolen Reward Certificates or Program Coupons: 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.
h. Redemption by Member: Points for Qualifying Purchases made at the time a Reward Certificate or Program Coupon is redeemed for purchase amounts greater than the value of the Reward Certificate or Program Coupon will be applied to the account of the Member who earned the Reward Certificate or Program Coupon being redeemed.
i. Reward Certificates and Program Coupons Are Non-Transferrable: Reward Certificates and Program Coupons are non-transferrable and may not be combined among Members or conveyed by any means to anyone, including to a Member’s estate or the Member’s successors and assigns. Accrued Program points, Reward Certificates, and Program Coupons are not transferrable by the Member upon death, as part of a domestic relations matter, or otherwise.
10. Disputes About Program Account Ownership: In the event of a dispute over ownership of a Program account, the account 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. All decisions made by EXPRESS concerning disputed account ownership are final and conclusive in each case.
11. Interpretation of Program Terms: EXPRESS reserves the right to interpret and apply all policies and procedures contained in these Terms. All decisions about the interpretation or application of these terms by EXPRESS are final and conclusive in each case.
12. Abuse of the Program: Sale or barter of Reward Certificates, Program Coupons, points, or other coupons, offers, or products is prohibited. Members who fail to follow these Terms or who engage in any other improper conduct as determined by EXPRESS in its sole judgment may result in cancellation of the Member’s EXPRESS NEXT Program account, including forfeitures of all points earned, and cancellation of unused Reward Certificates and Program Coupons. EXPRESS, in its sole discretion, and without limitation to our other rights and remedies, may prosecute abuse of the Program to the fullest extent of the law.
13. Withdrawing from the Program: You may cancel your membership in the Program by calling 1.888.397.1980. If you cancel your participation in the Program, you will no longer earn points. Upon cancellation your membership will be deactivated and all remaining and unused points, Reward Certificates, and Program Coupons will be forfeited.
14. Intellectual Property: 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 website 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.
15. Limited Liability: 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.
16. Taxes: You are solely liable for any applicable federal, state, or local income, sales, use, or other taxes arising out of the accrual or use of points. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.
17. Severability: If a court of competent jurisdiction or any government agency determines that any provision of these Terms (other than any part of the Arbitration Provision) is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Terms. However, all other provisions will remain in full force and effect.
18. Governing Law: The Program and these Terms are governed by and construed under the substantive laws of the State of Ohio, without reference to conflict-of-laws considerations, except where federal law and/or the Federal Arbitration Act apply.
19. Changes: From time to time, EXPRESS may change these Terms in accordance with applicable law, including any applicable notice requirements. EXPRESS reserves the right to terminate the Program, change, limit, modify, or cancel any Program rules regulations or benefits, or change the Program’s terms, benefits, conditions of participation, and point levels, in whole or in part, at any time.
These Terms are separate and independent from your EXPRESS NEXT Credit Card Account Agreement, which governs the use of your EXPRESS NEXT Credit Card. In the event of any conflict between these Terms and your EXPRESS NEXT Credit Card Agreement, these Terms will control in any matter concerning the Program.
20. Contacting You. You authorize us and our affiliates, agents, representatives, assigns and service providers (collectively, the “Messaging Parties”) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, social media messaging systems, and automated email systems in order to provide you with information about this Agreement and your participation in the Program, including without limitation information about Program benefits. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers), email address, or social media accounts tied to the email tied to the email address you provided in your member profile information, in connection with this Agreement, your Program participation, or any other matter. You understand that anyone with access to your telephone, email account, or social media accounts may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message, email, or message via a social media account, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. You understand that, at any time, you may withdraw your consent to receive text messages and calls to your cell phone or to receive artificial or prerecorded voice message system calls by calling (888) 676-1918, or emailing us at firstname.lastname@example.org. To stop text messages, you can also simply reply “STOP” to any text message the Messaging Parties send you. Members cannot unsubscribe from emails regarding the Program.
21. Individual Arbitration of Disputes:
a. You (including for the purposes of this Section 22, but not limited to, pre-enrollees in the EXPRESS NEXT Program) and EXPRESS 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.
b. 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, cross-claims 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.
c. 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.
d. If there is an in-person Arbitration hearing, it shall take place in the federal judicial district in the Program Area that is closest to your residence and contains an EXPRESS store.
e. 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.
f. If you do not want to be bound to the arbitration agreement in this Section 22, you must opt out of it within 30 days of later of when you [a] enroll in the EXPRESS NEXT Program or [b] redeem your first Reward Certificate if you were previously pre-enrolled. To opt out of this arbitration agreement, you must send a letter or postcard to EXPRESS headquarters, to the attention of the “Legal Department” and state that you do not want to be bound by this arbitration provision. The address is EXPRESS, LLC, 1 Express Drive, Columbus, OH 43230.
g. 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 (non-class) basis is deemed invalid or unenforceable.
22. Waiver: We can delay enforcing our rights under these Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.
23. Complete Agreement: These Terms contain the entire understanding between you and us regarding the Program.
24. Prior Terms: These Terms supersede all previously published Terms in their entirety.
For information about your account, these Terms, or any other Program-related questions, please contact EXPRESS via email at email@example.com or by calling 1.888.397.1980.