TERMS AND CONDITIONS FOR THE MADEWELL INSIDER LOYALTY PROGRAM
Last Updated: 6/10/2020
MEMBERS' ACCEPTANCE OF TERMS
By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions and the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions.
COMPANY’S RIGHT TO CHANGE/CANCEL PROGRAM AND/OR TERMS
Company may, at its discretion, alter, limit, or modify the Program structure or any other feature of the Program. Company reserves the right to change or modify the Terms and Conditions or terminate the Program at any time, for any reason, without prior notice. Company will post any additional Program details and updates to Program (including these Terms and Conditions) here and then update the “Last Updated” date above. Company may also email you about any such changes. Your continued participation in the Program will confirm your acceptance of such changes.
Program is open to U.S. residents at least 18 years of age within the 50 United States and District of Columbia. It is free to join as a Member (no initial purchase is required to do so). Membership is limited to individuals only and is limited to one account per individual. Membership will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Company, in its discretion.
Individuals can enroll by creating an account in Madewell stores or at madewell.com. Member must provide complete and accurate enrollment information. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Company may choose to offer sign-up incentives and enrollment promotions from time to time. Member should promptly advise Company of any changes to their personal account contact information such as name, address, telephone number(s) and/or e-mail address, by visiting www.madewell.com/profile and updating their Member account.
Unless Member has opted out of receiving marketing communications, Company may (at its option) communicate with Members about marketing via mail, email and other channels, including about special Member promotions, offers and more. Company will also use these channels to communicate Member tier status, notify Member when they are eligible for a benefit or Reward (defined below), communicate Program changes and more. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.
Members will receive rewards points (“Points”) on their Member account through Eligible Purchases (defined below) and participation in other special programs and promotional offers that may be announced by Company or its third-party partners from time to time. Additional terms, requirements and details for earning Points follow.
- Eligible Purchases: Purchases of merchandise and/or services (after promotional offers have been applied, before taxes and shipping charges have been applied and minus returns, refunds or credit adjustments, rounded to the nearest dollar) made at any Madewell store in the United States or online at the Website and shipping to the continental U.S. and U.S. P.O. Boxes (“Eligible Purchases”) count toward Member’s Point accrual and tier status.
- Unless otherwise stated by Company in a promotional offer, Members will receive one Point for each one dollar ($1 USD) of Eligible Purchases at a Madewell store or on the Website (in all instances, number of Points earned subject to change; check back here for details).
- Exclusions from Eligible Purchases: Points will not be awarded on unauthorized or fraudulent purchases. The amount of a purchase made with gift cards, Rewards, and/or free benefits under the program (e.g., monogramming) as the method of payment will not be applied to Member Point accrual or tier earnings. Points will not be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited. Additional items may be excluded from Point, tier and Rewards (defined below) accumulation at the sole discretion of Company.
- Email Address: A current, valid email address is required for a Member to be able to participate in and receive Points in connection with the Program. Member must notify Company of change of email address by updating Member account information online.
- Identification at Transaction: Members must identify themselves with their applicable Member account email address to receive credit and/or perks and privileges for Eligible Purchases made at participating Stores and on the Website. Specifically, Member must provide the email associated with his/her Membership to the cashier at a participating Store or sign into their online account before checkout for online transactions in order to receive spend credit and/or benefits.
- Processing of Points: Points accumulated through Eligible Purchases will be processed and awarded to the Member’s account 40 days after purchase.
- Promotional Offers: Other special programs and promotional offers for earning Points may be made by Company, its agents or third-party partners from time to time in Company’s discretion. Such offers will also be subject to the terms and conditions specified in the promotional offer.
- Point Balance: Members may view their Point balance at any time by visiting their Member account page.
Merchandise returns must be made in accordance with Company’s return policy available at https://www.madewell.com/returns.html. Upon the return of an item accepted by Company, the spend amount and Points applied to Member account for the original purchase will be deducted from that Member’s account as the Points are forfeited with the returned merchandise.
Following initial tier placement, Program tier status is based solely on Member’s total spend on Eligible Purchases (which exclude gift card/Rewards) during the preceding calendar year, between January 1 and December 31. Following the conclusion of that qualifying calendar year, Member tier status will be valid for the next calendar benefit year after qualification. Annual tier assignments occur in January of each year. Members will be upgraded during the benefit year if their qualifying spend exceeds their tier threshold. Members should allow 40 days for purchases to process before Member is placed into a different loyalty tier. For more information on Program tiers, see www.madewell.com/myaccount.
PROGRAM BENEFITS AND DETAILS
In addition to any other requirement and/or limitation that may be communicated to Members at the time a benefit is offered, the following shall apply:
- Birthday Offer
Members must have a valid birthday on file with Member’s registered Madewell customer account and be opted in to receive marketing communications. Account must show purchase activity within prior 12 months. Additional terms and conditions may apply.
- Free Shipping
Free shipping valid at madewell.com on orders shipping to the continental U.S. and U.S. P.O. Boxes only. You must be signed in to your Madewell Insider account at the time of purchase. Offer cannot be applied to previous purchases and cannot be redeemed for cash. Free shipping method is dependent upon tier status and will be automatically applied at checkout. See madewell.com for full shipping details. Terms of offer are subject to change.
- Annual Collectible Tote with Purchase Offer
During the redemption period each year, valid with any qualifying purchase at a Madewell store and/or on the Website, as advertised. Eligibility details and restrictions may apply. See annual collectible tote promotional offer(s) for eligibility (including tier status), qualifying purchase details, redemption period, and other offer terms and details. Valid while supplies last.
- Free Monogramming Offer
Valid on full-price monogrammable Madewell branded apparel and leather items purchased in Madewell stores, at madewell.com or by phone order. Denim monogramming must be executed via call center. Offer cannot be redeemed for cash. Personalized items cannot be exchanged or returned. Valid in the U.S. only. Terms of offer are subject to change.
- Free Hemming Offer
Free hemming valid in Madewell stores on Madewell branded jeans only. Not valid at madewell.com or on phone orders. Offer cannot be redeemed for cash. Tailored items may not be returned or exchanged. Valid in the U.S. only. Terms of offer are subject to change.
- Free Returns Offer
Return requests must be made in accordance with our return policy. The pre-paid shipping label provided must be used to return items by mail.
- Tier Celebration Gift Offer
Member must be opted in to receive marketing communications. One benefit per member. Additional terms and conditions may apply.
Points will accumulate toward rewards, the means by which will be described in these Terms and Conditions and/or related promotional offers. Earned Points are converted into promotional redemption rewards dollars (“Rewards”) as follows: 250 points = $10 in Rewards. Once 250 Points are earned, $10 in Rewards will be issued and 250 Points will automatically be deducted from Member’s account. Member may redeem their Rewards when purchasing items and/or services either (1) at a Madewell store by giving the Company associate your Member account email address and requesting redemption or (2) online at madewell.com by selecting the Rewards box at checkout. If Member elects to redeem their Rewards, the value of the Rewards will be deducted from the total price of the Member’s purchase of items from the Madewell store or madewell.com. Points and Rewards will expire as set forth below.
Rewards will not be paid out in cash or store credit. Company may, at any time and without notice, change the Points earning and redemptions procedures and offerings, including the conversion rate between Points and Rewards.
Rewards may only be redeemed once. In the event of a return of merchandise purchased using a Reward, the Rewards will be forfeited.
Rewards may not be applied to the purchase of gift cards.
To the extent allowed by applicable law, we may cancel any accumulated Points 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.
EXPIRATION OF POINTS
Points that are not converted to Rewards will expire twelve (12) months after issuance on a rolling basis.
EXPIRATION OF REWARDS
Rewards will expire forty-five (45) days after issuance.
RIGHT TO REVOKE
Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to, if in the sole opinion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud. In the event that Company cancels your membership or terminates the Program for any reason, all Points, Rewards or other benefits earned on your Member account will be forfeited.
Neither Program benefits nor Member accounts may be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Program Points, Rewards and/or benefits have no cash value and are not exchangeable for cash.
Member is responsible and liable for any applicable federal, state or local income, sales, use, or other taxes which may result from Member's participation in the Program.
These Terms and Conditions, the relationship between you and the Company, and Company’s Madewell Insider Program, shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.
MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS
ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY’S MADEWELL INSIDER LOYALTY PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK, NEW YORK. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
LIMITATION ON DAMAGES; OTHER LIMITATIONS
To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential, or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to Members’ participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages. In New Jersey, this limitation applies only to claims based on breach of warranty.
Company is not responsible for (a) any loss or misdirection of, or delay in receiving, any application, redemption requests, Points, Rewards, or Member benefits; (b) theft or unauthorized redemption of Points, Rewards, Member benefits or use of Points, Rewards, or Member benefits; (c) any acts or omissions of third parties; or (d) any errors made or published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, and errors in the adding, subtracting, crediting, and/or debiting of Points or Rewards to/from Member accounts. Company reserves the right to correct (with or without notice) any such errors.
All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company Intellectual Property”) are owned by Company and may be registered in the United States and internationally.