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Clarks Online Rewards Program Terms and Conditions





PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PARTICIPATING IN THE CLARKS ONLINE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT PARTICIPATE IN THE CLARKS ONLINE REWARDS PROGRAM.

The Clarks Online Rewards Program Terms and Conditions (“Terms”) apply to your participation in the Clarks Online Rewards Program (“Online Rewards Program” or “Online Rewards” or “Program”), which is operated and offered by C. & J. Clark Retail, Inc. and/or its affiliates (collectively, “Clarks”).

By participating in the Online Rewards Program, you acknowledge that you have read, understand, and agree to be bound by these Terms. Each member is responsible for remaining knowledgeable about the Terms. Clarks reserves the right to disqualify members who have violated the Terms.


Online Rewards Program Eligibility
You must be a United States resident (including residents of U.S. Territories) who is at least 18 years of age to participate in the Online Rewards Program. The Online Rewards Program is intended for personal use only. Commercial use by commercial customers and others purchasing items for resale are not eligible to participate in the Online Rewards Program. Clarks maintains sole discretion as to whether a purchase is deemed a purchase for resale. Membership is not available to corporations, businesses, or charities or anyone other than an individual. Current Clarks employees and contractors, and their immediate family members living in the same household, are not eligible to participate in the Rewards Program.


Privacy
Any information you supply in connection with the Online Rewards Program is subject to our Privacy Policy, which you can find at www.clarksusa.com/privacy-policy.


Membership Enrollment
The Online Rewards Program is a free customer loyalty program that allows members to earn “Points” with qualifying purchases at www.clarksusa.com (“Site”). There are no membership fees associated with the Online Rewards Program.

Individuals enroll by creating an account at www.clarksusa.com and providing the required account information including a valid email address, first name, last name, and password (“Online Account”). Individuals who create an Online Account are automatically enrolled in the Online Program. Members must provide complete and accurate information. Individuals who have an existing Online Account with the Site before the launch of the Online Rewards Program also are automatically enrolled in the Online Rewards Program, and participation in the Online Rewards Program will constitute agreement with these Terms. Members are responsible for keeping their Online Account information up-to-date. The only way to join the Online Rewards Program is to create an Online Account. Should a customer not wish to enroll in the Online Rewards Program, they should complete any online transaction(s) as a Guest.


Earning Points
As a member, you are eligible to earn one (1) Point for every one dollar ($1) you spend on merchandise you purchase on the Site. Points cannot be earned for purchases made at any of Clarks retail or outlet store locations. Number of Points earned subject to change.

Points are earned on the net purchase amount, excluding any tax, after applying all other discounts, offers, promotions, coupons, and/or Online Rewards Promo Codes (“Promo Codes”). Points cannot be earned on purchases of gift cards, shipping costs, fraudulent purchases, donations or other non-merchandise items. You cannot earn Points on past purchases. Extra cents in a transaction at or above 50¢ per dollar will be rounded up to the nearest dollar and qualify for Points. Extra cents in a transaction at or below 49¢ per dollar will be rounded down to the nearest dollar and do not qualify for Points. For example, if you spend $10.49 on a qualifying transaction, you earn ten (10) Points for that transaction, and the 49¢ does not count toward Points in any later purchase. If you spend between $10.50 or $11.49 in a qualifying transaction, you earn eleven (11) Points for that transaction.

Individuals who are automatically enrolled in the Online Rewards Program as of the Online Rewards Program launch date will earn Points for transactions that occurred starting as of November 1, 2018. All new members will earn Points as of the date they create an Online Account and purchase merchandise on the Site.

You can view your Points balance in the email communication providing you your Promo Codes. At this time, Points are not visible by logging into your Online Account. No responsibility is assumed for any delays in posting of Points. From time-to-time, at its sole discretion, Clarks may offer you opportunities to earn bonus Points, such as inviting you to engage with Clarks in special promotional events or activities in exchange for Points.


Issuing Promo Codes
Promo Codes are issued by Clarks on a daily basis. Once you earn 200 Points, you will be issued Promo Codes with values of either $20, $40, or $60 depending on the number of Points earned in your transaction. Promo Code amounts will be combined for every $200 you spend. For example, if you spend $400 in a single transaction, you will receive a $40 Promo Code, not two (2) $20 Promo Codes. If you spend $800 in a single transaction, you will receive a $60 Promo Code and a $20 Promo Code.

Upon issuance of the Promo Code, the corresponding Points are automatically deducted from your account. Any unused Points at the time a Promo Code is issued will remain in your Online Account.

When a Promo Code is issued, an email notification will be sent to the email address associated with your Account. Such email will be the sole means of communicating the Promo Code. This email may take up to twenty-four (24) hours or more. Clarks does not assume responsibility for incorrect email addresses or your non-receipt of an email.

Points are promotional in nature. They are not redeemable for cash, have no cash value, and cannot be used for any purpose other than earning Promo Codes as described in these Rewards Terms.

Your Points, your Promo Codes and your Online Account are personal to you and may not be sold, transferred (by operation of law or otherwise) or assigned to or shared with, family, friends or others, or used by you for any commercial purpose.


Redeeming Promo Codes
Promo Codes are redeemable only on the Site. You may redeem your Promo Codes in connection with a purchase by entering in the code associated with the Promo Code at checkout.

Promo Codes are single use only, and must be used for their full value in a single transaction. Should you not use the full value in a single transaction, you forfeit the remaining balance of that Promo Code.

Promo Codes can only be applied toward purchases of $20.01 or more. Promo Codes cannot be applied to (a) previous purchases, (b) gift card purchases, (c) payment for shipping or other non-merchandise items, or (d) in-store purchases made at Clarks retail or outlet store locations. You are responsible for all applicable sales tax on any purchases.

Promo Codes are promotional in nature. They are not redeemable for cash, have no cash value, and cannot be used for any purpose other than claiming discounts on eligible merchandise purchases per these Terms.

Promo Codes cannot be combined with any other promotional offer, code, or coupon. Only one (1) Promo Code may be used at check-out.

The amount of the Promo Code will be prorated over each of the items you purchase when using the Promo Code. Additional terms, conditions, and restrictions on use of Promo Codes toward certain merchandise items may be disclosed from time to time on the Site, or in advertising for the affected merchandise items.


Expiration of Promo Codes, Points, & Inactive Online Accounts
Promo Codes expire within 365 days from the date they are earned.

Points that have not been converted into a Promo Code expire five (5) years after the date they are earned, resulting in a Points balance of zero (0).

Any Online Account in which there is no activity for a period of five (5) years (i.e., no earning of any Points or redemption of any Promo Codes) is subject to cancellation in the discretion of Clarks, with or without prior notice to the member. In the event of cancellation, any accumulated Points and/or Promo Codes in the Online Account immediately expire and become null and void.


Impact of Merchandise Returns
All returns, in all circumstances, must be in accordance with the Clarks Return Policy.

If you return merchandise from a purchase for which you received Points, any Points you earned from that purchase will be deducted from your Online Account.

If you return merchandise that you purchased with a Promo Code, you will be refunded the amount you actually paid (excluding the value of any Promo Codes or any other discounts, offers, promotions, coupons, etc.) to your original method of payment. You will not receive any replacement Promo Codes for returned merchandise, and Clarks will not credit any redeemed Promo Codes back to your Online Account. For example, if you purchased merchandise for $100 and used a $20 Promo Code, Clarks will refund $80 to your original method of payment. You will not receive a replacement Promo Code for $20. If you purchase multiple items using a single Promo Code, then the value of your Promo Code is applied proportionally to each item, and returns of any one item will result in a refund of the amount you paid for the item, excluding the value of the proportionally applied value of the Promo Code.


Miscellaneous
Points and Promo Codes may be cancelled in the event that Clarks becomes insolvent, unable to pay debts due, or is subject to a bankruptcy proceeding.

Clarks is not responsible for lost or stolen Promo Codes, which are communicated to you via email. Clarks encourages you to keep close track of your email notifications. Promo Codes will not be reissued to you by Clarks.


Communications
By enrolling in the Online Rewards Program, you agree to receive email messages regarding the Online Rewards Program, including any transactional emails delivering Promo Codes. If you wish to stop receiving such messages, you must cancel your Online Account by contacting Customer Service at Consumer.Services@Clarks.com. At that point in time, you no longer will be able to participate in the Online Rewards Program.


Governing Law
These Terms and the Online Rewards Program shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts.


Arbitration & Class Action Waiver
Any controversy or claim arising out of or relating to these Terms or the Online Rewards Program shall be settled by confidential arbitration administered by the American Arbitration Association in accordance with its prevailing rules in the Commonwealth of Massachusetts. The arbitrator’s award shall be binding and final, and may be entered as a judgment any court of competent jurisdiction. Member is giving up their right to a judge or jury trial. Any dispute resolution proceedings will be conducted on an individual basis and not on a class-wide, consolidated or representative basis. This clause shall not apply if the member has violated or threatened to violate the intellectual property rights of Clarks, in which case Clarks may seek injunctive relief or other appropriate relief in any state or federal court in Massachusetts.


Limitation of Liability
To the fullest extent permissible under applicable law and regardless of whether the damages are foreseeable or if Clarks has been advised of the possibility of such damages, Clarks is not responsible or liable for any direct, indirect, incidental, consequential or any other damages arising under any legal theory as related to the member’s participation in the Online Rewards Program.


Miscellaneous
Without notice to you, Clarks reserves the right to suspend or terminate your participation in the Online Rewards Program (in whole or in part), for any reason, including but not limited to if Clarks determines, in its sole discretion, that you have violated these Terms, you have more than one Online Account, or that the use of your Online Account or your participation in the Online Rewards Program is unauthorized, abusive, deceptive, fraudulent or otherwise unlawful. Clarks may, in its sole discretion, suspend, cancel or combine Online Accounts that appear to be duplicative. In the event that your participation in the Online Rewards Program is terminated, you will not be able to receive any further Points or Promo Codes, or to redeem any accumulated Promo Codes.

Clarks reserves the right to interpret and apply these Terms in its discretion, subject to applicable law. All interpretations and decisions by Clarks are final and binding. By participating in the Online Rewards Program, each member hereby releases Clarks from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to his/her participation in the Online Rewards Program, use of Promo Codes, or agreement to these Terms.

If you have any questions or if you are dissatisfied with the Online Rewards Program in any way, please contact Clarks via email at Consumer.Services@Clarks.com or by calling 1-800-211-5461.

The Online Rewards Program is separate and distinct from the Clarks In-Store Rewards Program. Points and Promo Codes earned in the Online Rewards Program may not be used in conjunction with the In-Store Rewards Program or in connection with purchases made in Clarks retail or outlet stores, and vice versa.


Updates and Changes
Clarks reserves the right to change, modify and/or eliminate the Program and/or all or any portion of these Terms or any policy pertaining to the Online Rewards Program at any time and in our sole discretion. Such changes may include the exclusion of certain merchandise from the Online Rewards Program. If we make changes, we will post the amended Terms on our Site and will also send notification via email to members at the email addresses on record for such members in the Program. You are responsible for making sure the email address you supply to us is current. If you disagree with any change, your sole remedy is to cease participating in the Program. Continued participation after the effective date constitutes agreement to the change.

Effective Date: April 18, 2019