TERMS AND CONDITIONS FOR THE MADEWELL INSIDER LOYALTY PROGRAM
Last Updated: 6/26/2018
The Madewell Insider customer loyalty program ("the Program") is offered by Madewell, Inc. ("Company") to customers making purchases at Madewell stores and its online sales channel. Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter "Terms and Conditions") form the agreement (the "Agreement") between you ("Member") and Company with respect to the Program.
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, including 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
Company may, at its sole discretion, alter, limit or modify the Program structure or any other feature of the Program. Company reserves the right to change the terms or conditions of the Program or terminate the Program at any time. Communications about the Program, including changes to the Program, will be posted to www.madewell.com/madewellinsiderterms.
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 sole discretion.
Individuals can enroll by creating an account in Madewell stores, or at madewell.com. Member must provide enrollment information accurately and completely. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting www.madewell.com/myaccount and updating their Member account.
Unless Member has opted out of receiving marketing communications, Company will 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, 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.
IDENTIFICATION AT TRANSACTION
Members must identify themselves through their email address to receive perks and privileges on Eligible Purchases (as defined below) made at participating Madewell stores and its website. 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.
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, the spend amount applied to Program tier status for the original purchase will be deducted from the Member's account.
Purchases of merchandise and/or services, after promotional offers have been applied, before taxes and shipping charges have been applied, made at any Madewell store in the United States or online at madewell.com, count toward your Program tier status. The amount of a purchase made with gift cards, rewards cards and/or benefit dollars as method of payment will not be applied to tier or benefit earnings. Additional items may be excluded from tier and benefit accumulation at the sole discretion of Company.
Following initial tier placement, Program tier status is based solely on the total (non-gift card/rewards card/benefit earnings) spend 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 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.
VALID EMAIL ADDRESS
A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.
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.
Program benefits may not 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. Benefits have no cash value and are not exchangeable for cash.
All current employees of Company are ineligible to participate in the Program.
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 OfferMembers must have a valid birthday on file with Member's registered Madewell Insider customer account and be opted in to receive marketing communications. Account must show purchase activity within prior 12 months. One benefit per member. Additional terms and conditions may apply.
- Free ShippingFree 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 Offer While supplies last. Must be picked up in stores during redemption period as defined at time of offer.
- Free Personalization Offer Valid on eligible full-price Madewell-branded denim and leather items purchased in Madewell stores, at madewell.com or by phone order. 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.
- Semiannual Gift Offer While supplies last. Must be picked up in stores within redemption period as defined at time of offer. Additional terms and conditions may apply.
CHANGES TO TERMS
Company reserves the right to change or modify these Terms and Conditions from time to time. Company will post any additional Program details and updates to Program (including these Terms and Conditions) on this page 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.
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
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.
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.