Brooks Brothers Loyalty Program Terms and Conditions

Effective as of 1/18/2018

Please read these terms and conditions (the "Terms") carefully. They may have changed since you last read them. By clicking "I AGREE" or otherwise accessing or using any part of the Brooks Brothers Loyalty Program, you agree to these Terms.

Notice of Agreement to Arbitrate and Class Action Waiver By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section [11] of these Terms.

1. Membership

The Brooks Brothers Loyalty Program (the “Program”) is offered exclusively by Brooks Brothers ("Brooks Brothers," "we,” "us," or "our") to enrolled members. Eligible customers (as defined below) may enroll in the Program in one of four ways: (1) at store locations in the US (including Brooks Brothers Retail and Factory stores, excluding Airport stores); (2) online at https://www.brooksbrothers.com/MyBrooksRewards or (3) via the Brooks Brothers mobile application; or (4) by phone by contacting Brooks Brothers customer service at 833-710-4847.

You do not need a Brooks Brothers Card or a Brooks Brothers Platinum Mastercard to enroll in the program. However, Brooks Brothers Card and Brooks Brothers Platinum Mastercard cardholders are automatically enrolled in the Program. These Terms will govern membership in the Program, while the cardholder agreements for the Brooks Brothers Card and Brooks Brothers Platinum Mastercard will govern cardholders’ use of those cards.

Once enrolled in the Program, you agree to be bound by these Terms. Brooks Brothers reserves the right to change these Terms or the Program at any time and in any way (including our right to discontinue or change the benefits or change the expiration date of points or rewards certificates received under the Program, or merge the Program with another rewards program at a later date, or to adjust the number of points received for each dollar in net purchases), as we explain further below.

2. Eligibility

Customers who are residents of the United States (and its territories) and are over 18 years of age may enroll to become members ("Members," "you," or "your") in the Program. Brooks Brothers employees and participants in the Corporate Incentive Program are also eligible to participate. Brooks Brothers reserves the right to disqualify any customer from participating or cancel any membership if, in our sole judgment, the Member appears to be violating these Terms, including but not limited to making purchases for a business or for resale, perpetrating a fraud, manipulating the Program, abusing the privileges of membership, making excessive returns or otherwise acting in a manner inconsistent with the Program's intent. The points balance and all outstanding Reward Certificates will be forfeited upon disqualification or cancelation.

To remain eligible for the Program, you must maintain an active account. Account activity means making a qualifying Brooks Brothers purchase, making a qualifying purchase outside of Brooks Brothers, with a Brooks Brothers Platinum Mastercard or Brooks Brothers Card or earning Program Points for incented actions (examples may include mobile check-ins, social media posts, etc.), or redeeming reward certificates (collectively "Account Activity"). If your account is inactive for 24 months, all accumulated points will be forfeited.

3. Accumulating Points

Once enrolled in the Program, you accumulate points based on your net purchases. Points from Brooks Brothers purchases may take up to two weeks to post to your account after the purchase, shipment or pick up date. Points earned through external purchases using your Brooks Brothers Platinum Mastercard may take up to 31 days to post to your account. If you return an item in a qualifying purchase for which you received points, we will deduct the corresponding number of points from your account. All activity on an account, no matter who enters into the transaction, will be treated as activity of the Member.

• Membership Levels: Members become an Insider Level member by spending under $750 at Brooks Brothers (in Brooks Brothers stores and Factory Stores in the U.S., at brooksbrothers.com , by phone, or through the app (the "Locations")) within a calendar year. Members become a Preferred Level member by spending $750 to $1,4999.99 in the Locations within a calendar year; a VIP Level member by spending $1500 or more annually. Level upgrades will occur 15-20 days after a Member qualifies to ensure all purchases are captured (including those which qualify a Member for a Level upgrade at the end of the calendar year) and will continue through the end of the following calendar year. Only purchases made after the enrollment date count towards Level recognition. In any subsequent year, a member requalifies for the Levels above when the member spends the corresponding amount for that Level on qualifying purchases in the Locations during that calendar year. If a member does not requalify for such status in the second or subsequent year, such status will expire at the end of December in the subsequent calendar year and the member’s program membership will revert to a standard Brooks Brothers program membership.
  
  Brooks Brothers may choose to confer Preferred Level or VIP Level status upon some members based on certain purchase behaviors or other nondiscriminatory criteria. If you qualify for Preferred Level or VIP Level status or if you are invited to join, we will notify you.
• Brooks Brothers Purchases: To accumulate points when making a purchase at Brooks Brothers, you must self-identify with the email or Loyalty ID Number associated with your account. When shopping online at brooksbrothers.com you must be logged in and checkout with an online account associated with your Loyalty ID Number. The amount of points you accumulate varies based on what Membership Level you are in and whether you pay for your Brooks Brothers purchase using a Brooks Brothers Card, a Brooks Brothers Platinum Mastercard or another form of payment (see table).
• Points are earned on eligible purchases made at the Locations, including merchandise, traditional gift cards purchased at a U.S. Retail or Factory Store, online, or by contacting Customer Service, alterations, monogramming, engraving and gift boxes, less all sales tax, discounts, shipping and handling, returns and price adjustments. No points may be earned by purchasing an eGift card. Points are not earned upon redemption of a traditional gift card an eGift card, or Reward Certificate. Purchases at Brooks Brothers Airport locations and at the Red Fleece café are not eligible for points accumulation, unless purchase is made with a Brook Brothers Platinum MasterCard. Points are not earned on purchases in Red Fleece cafes, charitable contributions, and forfeited deposits. Bonus points do not apply when payment is made through PayPal or Amazon Pay, even where the payment is processed through a BBPMC.
• Brooks Brothers Platinum Mastercard Purchases outside of Brooks Brothers: Points will accumulate for spend outside of Brooks Brothers (less any returns) per the table above, excluding the following: cash advances, balance transfers, use of convenience checks, wire transfers, tax payments of any kind, and the purchase of money orders, traveler's checks, lottery tickets, gaming chips or similar items. The accumulated points from Brooks Brothers Platinum Mastercard Purchases outside Brooks Brothers are added to your account once a month at the end of your monthly billing period. Returns and other adjustments, such as a price adjustment, may reduce or eliminate your account point balance. Your point balance may reflect a negative amount if the amount of points adjusted as the result of a return exceeds your remaining available points.
• If you made a qualifying purchase and did not provide the email address associated with your account or your Loyalty ID at the time of purchase, you may request points within 180 days of purchase by calling 833-710-4847. You must have your receipt.
• If we terminate your account for any reason, membership in the Program will terminate immediately and your points balance and any issued Reward Certificates will be forfeited.
• Points earned for items being returned will be deducted from your available point balance. If there are not enough points available in your account, it may result in a negative point balance. Subsequent purchases will work your status back to a positive balance. Negative points do not expire.

4. Issuing Reward Certificates

My Brooks Rewards will issue reward certificates twice monthly, approximately on the 14th and 28th of each month, regardless of payment type. Once your points balance reaches 1,000 points, a $10.00 reward certificate will be issued and delivered to the email address associated with the account. The My Brooks Reward reward certificate(s) can be redeemed at all Locations referenced above.

5. Redeeming Reward Certificates

Reward certificates are not transferable. Reward certificates may be used in conjunction with most other discounts or offers toward the purchase of products unless otherwise disclosed on the discount or offer, not to exceed the purchase amount. For online purchases only, a maximum of two Reward certificates may be redeemed during a single transaction. Unless otherwise noted on the Reward certificate, each Reward certificate will expire 6 months from the issuance date. Reward certificates have no cash value and no change will be given for Reward certificate redemption. Reward certificates may be used only once and cannot be applied to prior purchases, the purchase of traditional gift cards, eGift cards or charitable donations. Reward certificates may not be applied as payment on The Brooks Card or the Brooks Brothers Platinum Mastercard. Reward certificates expire at 11:59 p.m. ET on the expiration date shown on the Reward certificate. See Reward certificate for additional terms. If you return merchandise, any redeemed Points and Rewards used in your original merchandise transaction will not be reinstated or refunded to you. In addition, the dollar value of Rewards used in the transaction will not be refunded or credited back to your account.

6. Termination of or Change in Program

Brooks Brothers may terminate the Program at any time, with or without notice, which may result in loss of accumulated points and the cancellation of all benefits and privileges associated with the Program. Brooks Brothers reserves the right to limit, delete or change any of the rules, terms, conditions, and benefits of the Program at its sole discretion, with or without notice. Interpretation of these Terms and Conditions shall be at the sole discretion of Brooks Brothers, whose decision will be final. Brooks Brothers has the right to close your account for any reason.

7. Other Terms

Brooks Brothers is not responsible for lost, destroyed, stolen or expired reward certificates. Any tax liability connected with receipt or use of any reward certificate is the Member's responsibility. This Program is void where prohibited by law. A points balance is not transferable in the event of death, as part of a domestic relations matter, or for any other reason. The sale or barter of any points or any reward certificate is prohibited. Events beyond Brooks Brothers’ control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbance, terrorism or war, which may materially affect our ability to perform, will allow us to suspend or terminate the Program.

8. Privacy Policy

These Terms and Conditions, together with the Privacy Notice and any other legal notices published on our Site, constitutes the entire agreement between us concerning the collection, use, and disclosure of personal information.

9. Change to Your Account Information

You must advise Brooks Brothers of any change in your name or the address, phone number and/or email address associated with your account. Address, phone number and email address changes can be made in-store, online or via Customer Care. Changes to your birthday information can only be made through Brooks Brothers Customer Care. Please call 833-710-4847 to update this information. Brooks Brothers is not liable for reward certificates sent to an outdated email address.

10. Governing Law and Venue

These Terms and Conditions are governed by New York law, without reference to its conflicts of law doctrine, as such law is applied to agreements entered into and performed entirely within such jurisdiction. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to below, result in court action, shall be resolved exclusively by a state or federal court located in New York, New York, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.

The Brooks Brothers Platinum Mastercard® and The Brooks Card® are issued by Citibank, N.A. The Brooks Brothers Platinum Mastercard® is issued pursuant to a license by Mastercard International Incorporated. Mastercard and Platinum Mastercard are registered trademarks of Mastercard International Incorporated. Please see cardmember terms for financial services terms.

11. ARBITRATION AND CLASS ACTION WAIVER

• Mandatory Binding Arbitration. You and we agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the purchase, our service, or these Terms, SHALL BE FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights arising out of or relating to these Terms, unless you opt out of this provision pursuant to the requirements below, or your dispute or claim is brought only in small claims court. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in New York, New York, and the parties consent to exclusive jurisdiction and venue in such courts. You and we acknowledge and agree that the Federal Arbitration Act and federal arbitration law govern and apply to arbitrations between you and us (despite any other choice of law provision).
• AAA Rules. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA"). For claims of less than or equal to $75,000 (exclusive of attorney's fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org.
• Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
• Limitation on Aggregating Claims. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. Disputes may not be joined or consolidated 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. In the event that the CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
• Written Opt Out Procedure. If you do not want this arbitration and class action waiver provision to apply, you must reject it in writing within 30 days of enrollment in the Program by sending us a written notice containing your full name, email address used to enroll and physical mailing address, along with a statement that you reject the arbitration procedure that is signed by you. The notice must be mailed to us at

  Customer Service Manager
  100 Phoenix Avenue
  Enfield, CT 06082

  .
  The opt-out notice is only effective if it meets the above requirements and is received by us within 30 days from your enrollment. Any subsequent modification, change, or republication of these Terms will not entitle you to a new right to reject the arbitration provision once enrolled in the Program for more than 30 days. In the event you have properly rejected this arbitration and class action waiver provision, the other provisions of these Terms will still apply to you.
• Waiver of Right to Trial by Jury. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

12. Disclaimer and Limitations of Liability.

• THIS PROGRAM AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
• BROOKS BROTHERS’ AGGREGATE LIABILITY TO YOU FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO BROOKS BROTHERS FOR THE SINGLE TRANSACTION YOU COMPLETED DURING SUCH TIME AS YOUR CLAIM AROSE. THE BROOKS BROTHERS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF USE AND LOSS OF PROFITS.
• THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF BROOKS BROTHERS ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.
• IN NEW JERSEY, THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE NEGLIGENCE OF BROOKS BROTHERS ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.
• From time to time, there may be information on our website or in our brochures that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Brooks Brothers reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).