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Brooks Brothers Loyalty Program Terms and Conditions

Effective as of 07/15/2024

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

NOTE THAT SECTION 12 CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS-ACTION WAIVER, WHICH REQUIRES YOU AND BROOKS BROTHERS TO RESOLVE MOST DISPUTES AND CLAIMS BY BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL.

Brooks Brothers World Mastercard® is issued by First Electronic Bank, pursuant to a license from Mastercard International Incorporated. Mastercard and the circles design are registered trademarks of Mastercard International Incorporated.

The Brooks Brothers World Mastercard® is serviced by Imprint Payments, Inc. (“Imprint”).

1. Membership

The Brooks Brothers Loyalty Program (the “Program”) is offered exclusively by BB OpCo LLC (“Brooks Brothers,” “we,” “us,” or “our”) to enrolled customers. Eligible customers (as described below) may enroll in the Program in one of three ways: (1) at store locations in the U.S. (including Brooks Brothers Retail and Factory stores, excluding Airport stores); (2) online at https://www.brooksbrothers.com/MyBrooksBrothersRewards; or (3) by phone by contacting Customer Service at 833-710-4847.

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

Once enrolled in the Program, you will receive promotional and non-promotional emails, such as those about your Brooks Brothers account, our ongoing business relations, or your My Brooks Brothers Rewards account and will be bound by these Terms. You may opt out of the promotional emails at any time by following the instructions in those communications. 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, change the expiration date of points or rewards certificates received under the Program, 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 Membership Program are also eligible to participate in the Program. 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 these Terms. The Program points balance (as described in Section 3) and all outstanding reward certificates (as described in Section 5) will be forfeited upon disqualification or cancelation. To remain eligible for the Program, you must maintain an active account by engaging in Account Activity at least every twenty-four (24) months. Account Activity means (i) making a qualifying Brooks Brothers purchase, (ii) making a qualifying purchase outside of Brooks Brothers with a Brooks Brothers World Mastercard, (iii) earning Program points for incentivized actions (examples may include mobile check-ins, social media posts, etc.), or (iv) redeeming reward certificates (collectively “Account Activity”). If your account is inactive for twenty-four (24) months, all accumulated Program points and reward certificates will be forfeited.

3. Accumulating Points

Once enrolled in the Program, you accumulate points based on your net purchases. Points from Brooks Brothers purchases are typically posted to your account within two (2) weeks after the purchase, shipment or pick up date. Points may, however, be delayed in posting to your account for a variety of reasons. Please contact Customer Service if you have any questions about your points balance. 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 $300 at Brooks Brothers (in U.S. Retail and Factory stores, excluding Airport stores, online at https://www.brooksbrothers.com, or by contacting Customer Service at 833-710-4847, (the “Brooks Brothers Locations”)) within a calendar year.

Members become a Preferred Level Member by spending $300 to $600 in the Brooks Brothers Locations within a calendar year.

Members become a VIP Level Member by spending $600 or more in the Brooks Brothers Locations within a calendar year.

Level upgrades will typically 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. Level upgrades may, however, be delayed for a variety of reasons. Please contact Customer Service if you have any questions about your current level status. Only purchases made after the enrollment date count towards Level recognition. In any subsequent year, a Member requalifies for the Levels described above when the Member spends the corresponding amount for that Level on qualifying purchases in the Brooks Brothers 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.

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 the Brooks Brothers Locations, 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 World Mastercard or another form of payment (see table).

Points are earned on eligible merchandise purchases made at the Brooks Brothers Locations, including Brooks Brothers Retail and Factory stores in the U.S., excluding Airport stores, online at https://www.brooksbrothers.com, or by contacting Customer Service at 833-710-4847, less all sales tax, discounts, shipping and handling, returns and price adjustments. Points are not earned on previous purchases, alterations, monogramming, personalization, charitable contributions, forfeited Made-to Measure deposits, engraving, gift boxes, or by purchasing a gift card or an eGift card. Points are not earned upon redemption of a physical gift card, an eGift card, or a reward certificate. Purchases at Brooks Brothers Airport locations are not eligible for points accumulation. Points are earned when payment is made through PayPal or Amazon Pay.

If we terminate your account for any reason pursuant to these Terms, membership in the Program will terminate immediately and your points balance and any issued reward certificates will be forfeited.

3A. Earning Extra Points with Brooks Brothers World Mastercard

Extra points can be earned when using the Brooks Brothers World Mastercard. Points are earned based on the rate associated with eligible transactions made at certain merchants or in certain merchant categories, as described below.

The My Brooks Brothers Rewards points earning rates on the Brooks Brothers World Mastercard are:

  • For every dollar in purchases made at a U.S. Brooks Brothers store (including Retail and Factory stores but excluding Airport stores), online at https://www.brooksbrothers.com or by phone by contacting Brooks Brothers Customer Service, when using your Brooks Brothers World Mastercard: 2 extra points per dollar spent in addition to base points earned at each Membership Level. These points will be added directly by Brooks Brothers, not Imprint, and are subject to the limitations described above.
  • 4 points per dollar spent on Gas, Groceries, and Restaurants.
  • 1 Point per dollar spent on all other purchases.

For any points linked to a merchant category, merchants are identified by a merchant category code (“MCC”) assigned to them by the card networks, based on what they primarily sell. Imprint determines a transaction’s reward eligibility based on the MCC associated with the transaction. We do not control, and are not responsible for, what MCC gets associated with any transaction. As a result, you may not earn a reward if we receive inaccurate information from the merchant or card network, including an incorrect MCC, or are otherwise unable to identify the transaction as eligible for a particular reward percentage based on its associated MCC.

Points are not earned on the following: cash advances, balance transfers, use of convenience checks, wire transfers, tax payments of any kind, interest and account fees and the purchase of money orders, traveler’s checks, lottery tickets, gaming chips or similar items. In addition, purchases made through PayPal or Amazon Pay using the Brooks Brothers World Mastercard do not earn Bonus points. Subject to credit approval. Brooks Brothers World Mastercard Account must remain open, in good standing and not be delinquent at the time points are posted to the account. We will typically credit your pending points balance within approximately one day of completing the transaction. You must maintain an active My Brooks Brothers Rewards account in good standing and have it linked to your Brooks Brothers World Mastercard account to have points added to your balance. If you do not, Imprint will be unable to add your pending points to your account balance. 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 believe an error has occurred and you are eligible for a reward that you have not received or you were issued incorrect points for a purchase made at an eligible location other than the Brooks Brothers Locations, please contact Imprint by email at [email protected] or by phone at (888) 893-8847. We may ask you to submit documentation related to the transaction associated with the points in order to service your request. If you believe an error has occurred and you are eligible for points that you have not received or you were issued incorrect points for a purchase made at an eligible Brooks Brothers location, please contact Brooks Brothers Customer Service at 833-710-4847 or visit https://www.brooksbrothers.com/contact.

4. Issuing Reward Certificates

My Brooks Brothers Rewards will typically issue reward certificates twice monthly, approximately on the 14th and 28th of each month, regardless of payment type. For every 1,000 points in your account point balance, a $10.00 reward certificate will be issued and delivered to the email address associated with the Member account. The delivery of reward certificates may, however, be delayed for a variety of reasons. Please contact Customer Service if you have any questions about reward certificates. The My Brooks Brothers Rewards reward certificate(s) can be redeemed at the Brooks Brothers Locations, including Brooks Brothers Retail and Factory stores in the U.S., excluding Airport stores, online at https://www.brooksbrothers.com, or by contacting Customer Service at 833-710-4847.

5. Redeeming Reward Certificates

Reward certificates are coupons that are not transferable and not redeemable for cash. 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 five (5) reward certificates may be redeemed during a single transaction. Unless otherwise noted on the reward certificate, each reward certificate will expire six (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 physical gift cards or eGift cards, charitable donations, taxes, shipping and handling, monogramming or engraving, alterations, or personalization. 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 reward certificates used in your original merchandise transaction will not be reinstated or refunded to you. In addition, the dollar value of reward certificates used in the transaction will not be refunded or credited back to your account. If only part of a transaction is returned, reward certificates will be applied on a prorated basis to the returned merchandise.

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 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. Notice of Financial Incentive

Under applicable U.S. state law (for example, California, Colorado, and Connecticut), the Program may be considered a financial incentive program and a bona fide loyalty program. In order to provide you with the benefits under the Program as described in these Terms, we use personal information about you, including, for example, your first and last name, phone number, email address, purchase history (such as those connected to earning and/or redeeming points), and physical address.

When we provide and administer the Program, we may disclose your personal information to our service providers, contractors, and consultants who perform services on our behalf, to other brands in our corporate family, and to our marketing and advertising partners, including for the purposes of engaging in targeted advertising and other marketing activities.

You can opt-in to the Program through the methods set forth above in these Terms. You have the right to withdraw—and to have your account cancelled and deleted permanently (including, without limitation, all points and reward certificates you may have earned) therein—at any time by emailing [email protected] or calling 1-833-710-4847. You acknowledge that upon the deletion and cancellation of your account, your points and rewards certificates will also be deleted, and that, in such case, you will forfeit all such benefits upon any such cancelation and deletion. The value of your personal information is reasonably related to the value of the Program benefits presented to you.

8. 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. Brooks Brothers will not be liable for any delay or failure to perform under these Terms when such delay or failure is caused by events beyond Brooks Brothers’ control, such as computer equipment or electronic data transmission failure, strikes, acts of God, pandemic, endemic, civil disturbance, terrorism or war, which may materially affect our ability to perform (“Force Majeure Event”). A Force Majeure Event will allow us to suspend or terminate the Program.

9. Privacy Policy

For information about how we collect, use and disclose of personal information, please see our Privacy Policy

10. 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 Service. Changes to your birthday information can only be made through Brooks Brothers Customer Service. Please call 833-710-4847 to update this information. Brooks Brothers is not liable for reward certificates sent to an outdated email address.

11. Governing Law and Dispute Resolution

These Terms and Conditions are governed by New York law, without reference to its conflicts of law doctrine. Any and all disputes and claims between you and us that relate in any way to or arise out of a purchase, our service, the Program, or these Terms shall be resolved in accordance with these Terms. This means that both you and we may only bring claims and disputes as permitted herein and subject to any venue or procedural limitations stated herein.

12. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BROOKS BROTHERS TO ARBITRATE MOST DISPUTES OR CLAIMS THAT RELATE IN ANY WAY TO OR ARISE OUT OF A PURCHASE, OUR SERVICE, THE PROGRAM, OR THESE TERMS.

Informal Dispute Resolution Prior to Arbitration. If you have a dispute or claim against Brooks Brothers or if Brooks Brothers has a dispute or claim against you, you and Brooks Brothers will first attempt to resolve the dispute or claim informally for faster resolution and to reduce costs for both parties. You and Brooks Brothers will make a good-faith effort to negotiate the resolution of any dispute or claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

You will send any Claimant Notice to Brooks Brothers by overnight mail addressed to Brooks Brothers, 11 Pennsylvania Plaza, Sixth Floor, New York, New York, 10001, Attn: Legal or by email to [email protected]. Brooks Brothers will send any Claimant Notice to you by overnight mail or email using the contact information you have provided to Brooks Brothers. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the dispute or claim; and (iii) set forth the specific relief sought.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so.

You or Brooks Brothers can file a claim in arbitration only after the end of the Informal Resolution Period. You or Brooks Brothers cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Brooks Brothers file a claim in court or proceed to arbitration without complying with the requirements in this Section, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a claim will be tolled for the duration of the Informal Resolution Period for that claim so that the parties can engage in this informal dispute-resolution process.

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 during the Informal Resolution Period SHALL BE FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THE PARTIES HEREBY AGREE TO GIVE UP THEIR RIGHT TO GO TO COURT to assert or defend their rights relating in any way to or arising out of a purchase, our service, the Program, or these Terms, unless you opt out of the arbitration requirement pursuant to the instructions below. Notwithstanding the foregoing, claims for injunctive or other equitable relief relating to patent, copyright, trademark, trade secret or publicity rights (“IP Claims”) and disputes or claims that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief), shall not be resolved in arbitration and, instead, the parties agree that such disputes or claims shall be resolved exclusively in state or federal court in New York, New York or such small claims court that has jurisdiction over the dispute or claim, and the parties consent to exclusive jurisdiction and venue in such courts. For clarity, claims that are related to IP Claims that are not themselves IP Claims remain subject to the arbitration requirement. You and we acknowledge and agree that the Federal Arbitration Act (“FAA”) and federal arbitration law govern and apply to arbitrations between you and us (despite any other choice of law provision).

These Terms affect interstate commerce, and the enforceability of this Section 12 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the AAA rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any disputes and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

AAA Rules. Arbitration under these Terms 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 arbitrator may, at their own discretion, also apply the AAA’s Mass Arbitration Supplementary Rules in appropriate circumstances. 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. You have the right to opt out of binding arbitration by rejecting it in writing within thirty (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 thirty (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 thirty (30) days. In the event you have properly rejected this arbitration requirement, 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.

13. 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.

IN NO EVENT SHALL BROOKS BROTHERS OR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES (THE “BROOKS BROTHERS PARTIES”) 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 EXCEED THE GREATER OF (i) $50 OR (ii) THE TOTAL AMOUNT YOU PAID TO BROOKS BROTHERS FOR TRANSACTIONS YOU COMPLETED IN THE SIX MONTHS PRIOR TO WHEN YOUR FIRST CLAIM GIVING RISE TO LIABILITY AROSE. THE BROOKS BROTHERS PARTIES 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 PARTIES 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 PARTIES 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).

14. Severability

In the event that any of the provisions of these Terms shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portions hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to affect the intent of the parties and shall be reformed to the extent necessary to make such provision valid and enforceable.