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My Place Rewards Loyalty Program Terms & Conditions


PLEASE NOTE: THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS
ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH THE CHILDREN’S PLACE,
GYMBOREE AND SUGAR & JADE ARE RESOLVED. BY ACCEPTING THESE TERMS AND CONDITIONS,
YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.


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


The Program is provided by The Children’s Place, Inc. The Children’s Place, Inc.
is solely responsible for Program operation and may withdraw the Program or
change the terms of the Program at any time. The purpose of the Program is to
reward customers for purchases made at The Children’s Place stores,
childrensplace.com, gymboree.com and sugarandjade.com.


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


Last updated 3/2021.

FOR THE MOST UP-TO-DATE TERMS, PLEASE VISIT

childrensplace.com/rewards-terms.


Eligibility and Enrollment

You may become a member of the Program by opening a rewards account (“Account”
or “Membership”) free of charge if you are a legal resident of the United States
(including Puerto Rico) or Canada and have reached the age of majority in your
jurisdiction of residence. You may apply for Membership in a U.S. The Children’s
Place store or create an account online at childrensplace.com, gymboree.com or
sugarandjade.com.


To establish your Membership, you need to provide your first and last name, a
valid email address, zip code, and phone number. In addition, if you open a My
Place Rewards Credit Card Account, you will be automatically enrolled in the
Program and will earn points on eligible transactions.1


Program communications, offers, and Reward Certificates will be sent via email;
therefore, a valid email address is required for Membership. If you applied for
Membership in a U.S. store, you must create an online account at
childrensplace.com, gymboree.com or sugarandjade.com for certain features of the
Program. If you are a My Place Rewards Credit Cardholder and have not previously
provided a valid email address, you may create an online account at
childrensplace.com, gymboree.com or sugarandjade.com or call 1-877-PLACE-US
(752-2387) to add your email address to your My Place Rewards Account. When
creating your online account, please use the same information provided during
the My Place Rewards Credit Card application process so your rewards Account may
be properly synced with your My Place Rewards Credit Card. If you notice a
discrepancy in your rewards Account after you have created your online account,
please call 1-877-PLACE-US (752-2387). You are responsible for providing any
changes or updates to your contact information, which may be made online at
childrensplace.com, gymboree.com, sugarandjade.com or by calling 1-877-PLACE-US
(752-2387).


You may have only one My Place Rewards Account. If you are a My Place Rewards
Credit Cardholder, you may have four additional authorized buyers on your credit
card account, and all authorized buyers will have one My Place Rewards Account
under the primary cardholder’s name and contact information. All points earned
by authorized buyers will go to the primary cardholder’s My Place Rewards
Account. If you are not a My Place Rewards Credit Cardholder, two members may
share an Account if they are legal residents of the same household. In this
instance, account sharing will be permitted if a requesting member provides
reasonable proof that he/she legally shares a household with another member.


Residents of Canada: Points can only be earned and Reward Certificates can only
be redeemed on purchases made at The Children’s Place stores located in the
United States and Puerto Rico, and at childrensplace.com, gymboree.com or
sugarandjade.com, if shipped to a street address or PO Box in the United States.


General Program Terms

By enrolling in the Program, you are confirming that you are the age of majority
in your jurisdiction of residence, you accept these Terms, and you agree to our
use of your personal information, including your transactional and profile data,
in exchange for rewards in connection with the program, personalized program
communications and special offers. You give the Company the right to use your
personal information to send you communications regarding the Program and its
associated features to the email address associated with your Account.


You are responsible for remaining knowledgeable about the Terms. The Terms
published in the My Place Rewards section at childrensplace.com, gymboree.com
and sugarandjade.com (childrensplace.com/rewards-terms) will be the applicable
terms for the Program. The most current online version of these terms will
supersede all previous versions of these terms. These Terms are separate and
independent from your My Place Rewards Credit Card Account Agreement (your
“Credit Card Account Agreement”), which governs the use of your credit card. In
the event of any conflict between these Terms and your Credit Card Account
Agreement, these Terms will control in any matter relating to the Program.


Unless prohibited under the applicable laws of your jurisdiction, such as
Quebec, the Company reserves the right to add to, terminate or change the
Program or these Terms, or any portion thereof, at any time, without prior
written or electronic notice. Regardless of how you participate in the Program,
benefits can be changed or terminated at any time without notice at our sole
discretion. To the extent allowed under applicable law (a) changes may apply
retroactively, and may affect outstanding transactions or points, and may result
in you involuntarily forfeiting points you have earned, and (b) changes will not
affect issued or redeemed Reward Certificates except to the extent allowed under
applicable law. If you do not agree with the revised terms, you may cancel your
Membership. For details on how to cancel your Membership, see below.


The Program is void where prohibited by law.

Earning Points

When you present a valid Account identifier such as your member number, phone
number or email address in connection with an Eligible Purchase, you may earn
points on the eligible purchase amount at the rate of 1 point per US dollar
spent, or 2 points per US dollar spent using the My Place Rewards Credit Card,
rounded to the nearest dollar.


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


The eligible purchase amount is the transaction total for merchandise and gift
wrap products after any coupons or other discounts are applied, and minus any
returns, refunds or credit adjustments, and does NOT include taxes, shipping, or
purchases of gift cards. Points are not earned on, and the term “Eligible
Purchase” does not include: returns, refunds, credit adjustments, unauthorized
or fraudulent charges, charges that violate the terms of your Credit Card
Account Agreement, purchases made by or for a business or for a business
purpose, balance transfers, interest, fees or other Account activity. We have
the right to deduct points from your points balance for charges that were not or
do not remain Eligible Purchases. If your points balance goes negative, you must
first earn points to bring your points balance to zero before earning any points
eligible for redemption. Points earned have no cash value and may not be used as
payment of any outstanding obligation to the Bank or its affiliates or to The
Children’s Place, Inc.


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


Bonus points may be earned on certain purchases or non-purchase activities as
defined by the Company from time to time. The Company reserves the right to
limit promotional offers for bonus points in its sole discretion. The way to
earn bonus points, and the bonus points that can be earned, may vary. Read each
offer carefully, as there may be important conditions or limitations, such as
blackout periods, Bonus Point limits, or exclusions. You may have to register to
qualify for the offer. We may change or withdraw an offer at any time without
notice. Any such change or withdrawal will not affect bonus points already
earned.


During special offer periods, making a return in the same transaction as your
purchase may result in earning fewer points because points are calculated off of
your Net Eligible Purchase (in this case, your purchase minus return). Where you
return an item in the same transaction as an Eligible Purchase, you will earn
off your net Eligible Purchase, which must be completed during the special offer
period in order for you to earn any applicable bonus points.


Points cannot be earned or claimed on purchases made prior to your enrollment
date. Bonus points cannot be earned prior to the start date of any bonus
promotions associated with the Program. Points have no cash or other monetary
value, are not transferable and may not be sold, resold, exchanged or bartered.
Points are issued into your Account approximately 48 hours after the date of the
eligible transaction unless otherwise noted on the terms of a bonus offer. At
any time, we may verify and adjust your points balance based on our records and
based on certain purchases not constituting, or no longer constituting, Eligible
Purchases. Points will remain available in your points balance until they are
converted to a Reward Certificate as described below, are forfeited, or expire,
as set forth below.


Except as otherwise provided by applicable law, you will forfeit all unused
points if you file for bankruptcy, or your participation in the Program is
terminated. You will not receive any compensation or new points for your points
that expire or are forfeited.


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


If points are not issued for an Eligible Purchase, you may request the missing
points up to 90 days after the original transaction at childrensplace.com,
gymboree.com, sugarandjade.com or by calling 1-877-PLACE-US (752-2387). You will
be asked to provide certain transaction-related information on the receipt to
verify the purchase. All requests are subject to verification. The Company’s
decision as to whether or not points will be earned is final.


Unused points will expire at the end of the calendar month one year after they
are earned. For example, points earned in January 2021 will expire January 31,
2022.


The Company may adjust your Account status or points balance at any time and
without notice, due to any computer or other error, technical issues experienced
by the Company, machine malfunction, fraud or other misuse of Membership.


All transactions involving points are subject to review and verification by the
Company. Points or Reward Certificates you earn or are awarded may be subject to
taxation, for which you are solely responsible. The Company will not be
responsible for any tax consequences which may flow from your Membership.


Earning and Redeeming Rewards

You are eligible for Reward Certificates as follows:

 * • 100 points for a $5 USD Reward Certificate


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


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


You may combine more than one Reward Certificate as long as they are all from
the same My Place Rewards Account. You may also use Reward Certificates on a
transaction where you are using a merchandise credit. My Place Rewards
Certificate and/or other $ off coupons/offers will be applied prior to any % off
coupons/offers.


Reward Certificates cannot be redeemed for cash, and no cash or credit or refund
will be given for the unused portion if a Reward Certificate exceeds the amount
of the purchase.


You may use your Reward Certificate only toward the purchase of merchandise or
gift wrap products at The Children’s Place stores in the United States and
Puerto Rico, as well as childrensplace.com, gymboree.com and sugarandjade.com
(excluding merchandise shipped outside of the United States). You will be able
to use Reward Certificates on any merchandise for sale including marked down and
clearance items. You will not be able to use Reward Certificates for tax,
shipping or the purchase of gift cards. You may be responsible for taxes,
shipping fees or any other fees applicable to Reward Certificate redemption. In
order to use your Reward Certificates for online transactions at
childrensplace.com, gymboree.com and sugarandjade.com, you must have an online
account at childrensplace.com, gymboree.com or sugarandjade.com and be logged in
for the online transaction. Any unused Reward Certificate value will be
forfeited.


Each Reward Certificate issued will have a unique reward number and may be used
only once. You will need to provide a printout of the Reward Certificate or the
reward number at the time of purchase in order to redeem a Reward Certificate,
which may be done by using the reward number stored in your member Account
(online at childrensplace.com, gymboree.com or sugarandjade.com). Reward
Certificates are not transferable and may not be sold, resold, exchanged or
bartered.


Reward Certificates expire on the date stated on the certificate.

To the extent allowed by applicable law, we may cancel any earned or outstanding
Reward Certificates if we become insolvent, unable to pay our debts when due,
file an action under the U.S. Bankruptcy Code or have such an action filed
against us.


Returns

Any points you earn on a purchase are deducted from your Account if you return
the merchandise. When merchandise is returned from a transaction where a Reward
Certificate was used, the amount refunded will be the purchase price of the
item(s) less a prorated amount of the Reward Certificate that was applied. If
the points deducted during a return transaction exceed your current point
balance, your Account will reflect a negative balance. For example, your points
balance prior to your return transaction is 70 points and you return $80 USD in
merchandise; your new points balance would be -10. Once a Reward Certificate has
been used in a transaction it cannot be reissued or used again, even if the
merchandise purchased with the certificate was returned. Where you return an
item in the same transaction as an Eligible Purchase, you will earn points off
your net Eligible Purchase.


Birthday Savings

To receive birthday savings (20% for My Place Rewards Members and 25% for My
Place Rewards Credit Card Members), you must provide The Children’s Place with
your children’s birth month by logging in and updating your My Place Rewards
Account at childrensplace.com, gymboree.com or sugarandjade.com. 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.
Members are eligible to receive birthday offers for up to 4 children, ages 0-16.
Birthday savings will be issued to your email associated with your Account.


The birthday savings may be used toward the purchase of merchandise and gift
wrap products at The Children’s Place stores in the United States and Puerto
Rico, as well as childrensplace.com, gymboree.com or sugarandjade.com (excluding
merchandise shipped outside of the United States). You will be able to use the
birthday savings on any merchandise for sale including marked down and clearance
items. You may be responsible for taxes, shipping fees or any other fees
applicable to Reward Certificate redemption. Regular shipping rates apply and
are not discounted due to birthday savings. Each birthday savings issued will
have a unique coupon code and may be used only once. You will need to provide a
printout or show on your mobile device in stores of the birthday savings coupon
code at the time of purchase in order to redeem the birthday savings. Birthday
savings are not transferable and may not be sold, resold, exchanged or bartered.


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

Account Information

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


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


Cancellation; Termination

You have the right to cancel Membership at any time by calling Customer Service:
U.S. customers at 877-PLACE-US (752-2387), Canadian customers at 877-827-7895.
If you cancel your Membership, your Account will be closed, your points balance
will be zero and you will no longer have Membership benefits. The Company, in
its sole discretion, may terminate your Membership without notice if continued
use of your Membership would violate any of these terms or applicable law. For
example, if the Company has valid reason to believe your Account is being used
fraudulently, Membership will be terminated. If your Membership is terminated,
your Account will be closed, your point balance will be zero and you will no
longer have Membership benefits.


Limited Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, THE COMPANY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, SERVICE PROVIDERS, OR AGENTS, WILL BE LIABLE TO YOU OR ANY OTHER
PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER
IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR
IN CONNECTION WITH THE PROGRAM. To the fullest extent permitted by applicable
law, this disclaimer applies to any damages or injury arising from the Program
and your Account, including but not limited to (a) any termination of, change
in, or suspension of the Program; (b) any claim relating to products purchased
using any Reward Certificates obtained through the Program; (c) any loss,
damage, expense or inconvenience caused by any occurrence outside of our
control; or (d) any taxes that you incur as a result of receiving or redeeming
points.


Notwithstanding the foregoing, any liability that we or they may have to you in
connection with the Program shall be limited to the amount of any points you
have earned in accordance with these Terms.


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


Privacy Policy

The Program will comply with the Privacy Policy of the Company available at
childrensplace.com/privacy-us (for U.S. privacy policy) and
childrensplace.com/privacy-ca (for Canada privacy policy).


Applicable Law and Mandatory Agreement to Arbitrate on an Individual Basis


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


Unless the applicable laws of your jurisdiction require that the laws of such
jurisdiction govern, such as Quebec, all issues and questions concerning the
construction, validity, interpretation and enforceability of these Program terms
and conditions shall be governed by and construed under the laws of New Jersey,
U.S.A. without reference to conflict of law provisions.


United States and Puerto Rico: Any and all controversies, disputes, demands,
counts, claims, or causes of action (including the interpretation and scope of
this clause, and the arbitrability of the controversy, dispute, demand, counts,
claim, or cause of action) between you and the Company or the Company’s
employees, agents, successors, or assigns, shall exclusively be settled through
binding and confidential arbitration, except that you or the Company may take
claims to small claims court if the dispute qualifies for hearing by such a
court. In addition, each party retains the right to seek injunctive or other
equitable relief in a court of competent jurisdiction to prevent the actual or
threatened infringement, misappropriation or violation of a party’s copyrights,
trademarks, trade secrets, patents or other intellectual property rights.


There is no judge or jury in arbitration and arbitration procedures are simpler
and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT,
APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING
RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO
PARTICPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT,
CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER
REPRESENTATIVE PROCEEDING.


Arbitration shall be subject to the U.S. Federal Arbitration Act and federal
arbitration law, and shall be conducted by the Judicial Arbitration Mediation
Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules &
Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this
agreement to arbitrate. The JAMS Rules, including instructions for bringing
arbitration, are available at its website at
http://jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are
available at http://jamsadr.com/consumer-arbitration/.


You and the Company must abide by these rules: (a) THE ARBITRATION SHALL BE
CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR
REPRESENTATIVE ACTION AND THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF; (b)
the Company will pay its arbitration costs as required by JAMS rules, and in the
event that you are able to demonstrate that the costs of arbitration will be
prohibitive as compared to costs of litigation, The Children’s Place will pay as
much of your arbitration filing and hearing fees as the arbitrator deems is
necessary to prevent the arbitration from being cost-prohibitive as compared to
the cost of litigation; (c) the arbitrator may award any individual relief or
individual remedies that are permitted by applicable law; and (d) each side pays
his, her or its own attorneys’ fees and costs unless the claim(s) at issue
permit the prevailing party to be paid its fees and litigation costs, and in
such instance, the fees and costs awarded shall be determined by the applicable
law.


With the exception of subpart (a) in the paragraph above, if any part of this
arbitration provision is deemed invalid, unenforceable or illegal, then the
balance of this arbitration provision shall remain in effect and be construed in
accordance with its terms as if the invalid, unenforceable, or illegal provision
were not contained. If, however, subpart (a) in the paragraph above is found
invalid, unenforceable or illegal, then the entirety of this arbitration
provision shall be null and void. If for any reason a claim proceeds in court
rather than in arbitration, the dispute shall be exclusively brought in state or
U.S. federal court in New Jersey.


Canada: After any dispute arises, the parties involved in the dispute may agree
to resolve the dispute using Arbitration. If the parties elect to use
arbitration, disputes shall be referred to ADR Institute of Canada. For a copy
of the procedure to file a Claim, or for other information about this
organization, contact them as follows: adrcanada.ca


Entire Agreement; Severability; Conflicts; No Waiver

These Terms contain the entire agreement between you and us regarding the
Program, and supersede any previous terms and conditions governing the Program
we may have provided to you. The Program is not available where and to the
extent prohibited by law. If any part of these Terms conflict with applicable
law, that provision will be deemed severed from these Terms and the remainder of
the Terms will remain in effect. We will not lose our rights under these Terms
because we delay or do not enforce them. All waivers of any of these Terms by us
must be in a writing executed by someone with authority to bind us.


1The My Place Rewards Credit Card is issued by Comenity Capital Bank. Use of the
credit card is subject to the terms and conditions outlined in the credit card
agreement.


MY PLACE REWARDS LOYALTY PROGRAM TERMS & CONDITIONS

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