Terms & Conditions
mymaurices Loyalty Program
Terms & Conditions
Effective as of: August 19, 2018
The mymaurices Loyalty Program in the U.S. ("Program") is brought to you by Maurices Incorporated ("maurices,” “we,” or “us"). The Program is governed by these maurices Loyalty Program Terms & Conditions ("Program Terms"). Please go to www.maurices.com/mymaurices/terms-and-conditions/canada for the terms that govern the Canadian version of our mymaurices Loyalty Program. For the additional terms specific to participation in the Program by employees of an Ascena Retail Group company (e.g., Maurices Incorporated) in the U.S., home office employees please go to http://thelink.maurices.com/home-office/associate-discount-policies.aspx, and store employees please go to http://thelink.maurices.com/store-1682/mymaurices.aspx#.
PLEASE READ THESE PROGRAM TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. YOUR PARTICIPATION IN THE PROGRAM IS SUBJECT TO YOUR AGREEMENT TO ARBITRATE. YOU AGREE THAT ANY AND ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO YOUR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY CLAIM.
By participating in the Program you agree to these Program Terms. The Program is void where prohibited by law.
The Program is a customer-reward program that is available to eligible maurices customers (see Section 2 below for full eligibility details). You can create a Program membership account ("mymaurices Account"): (i) at one of maurices retail stores (ask a store representative to help you begin the process), (ii) by downloading and using the mymaurices mobile application (the "App"), (iii) by calling the customer service CARE team at 1 (866) 977-1542, and (iv) by other methods as maurices may offer from time to time. Eligible customers who sign up for a mymaurices Account ("Members") will be able to earn Points with each Earning Activity (both as defined below). When you have earned the requisite amount of Points, those Points will be converted into store rewards ("Reward Certificate") that you can use to make Authorized Purchases (as defined below) of maurices products. Each Member will receive a mymaurices Account identification card ("mymaurices Card") and associated identification code ("mymaurices ID"), if signing up in-store. If signing up online, through the App, or by phone, the Member will only receive a mymaurices ID.
2. Eligibility & Registration
The Program is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are the age of majority in their jurisdiction of residence. You must provide us with all required information to register for a mymaurices Account. When you enroll in the Program and create a mymaurices Account, you are agreeing to receive marketing messages from maurices. Members may opt-out of receiving marketing emails from maurices by following the instructions in those emails. Opting out of marketing emails from maurices will not affect your ability to participate in the Program generally and will not impact maurices ability to email you important messages about your mymaurices Account (e.g., your Points balance, usage, and news about changes to these Program Terms). There is a limit of one (1) mymaurices Account per individual/email address/phone number. You agree that you will not participate in the Program under more than one (1) mymaurices Account. Corporations, groups, and associations are not eligible.
You agree to accept responsibility for all activities that occur under your mymaurices Account or any associated password and you agree you will not sell, transfer or assign your mymaurices Account or any membership rights. For online users, you are responsible for maintaining the confidentiality of your www.maurices.com (“Site”) and/or App password (if any) and for restricting access to your computer (or other device, as applicable) so that others may not access your mymaurices Account.
3. Earning Points through Earning Activities; Conversion of Points to Reward Certificates
The Program involves two important measurements: Points and Reward Certificates. "Points" are earned when Members engage in either of the following "Earning Activities": (a) making qualifying purchases from maurices retail stores in the United States or Canada, or the Site (each an "Earning Purchase"); or (b) participating in other specific Member opportunities offered by maurices from time-to-time ("Additional Earning Activities"). The details of an Additional Earning Activity, including a description of the conduct required and the number of Points available, will be as communicated to the eligible Member(s) by email or in another communication from maurices.
At maurices retail stores in the United States and on the Site, Points will be earned in United States dollars. At maurices retail stores in Canada, Members will earn Points in Canadian dollars.
In order to earn Points for an Earning Purchase: (i) in store you must present to a maurices representative your mymaurices Card, mymaurices ID, email address or phone number before each Earning Activity, (ii) online, when prompted, you must enter your email address and/or phone number associated with your mymaurices Account in order to receive Points on those purchases. Points are not accrued for previous purchases, existing special orders, or on the purchase of gift cards (unless otherwise offered by maurices from time to time), charity items, credit card payments, layaway items, shipping and handling or taxes, and state and any other applicable governmental fees. Points are also not earned on: unauthorized or fraudulent charges, or purchases made by or for a business/group or for a business purpose. There is a limit to the amount of Points a Member can earn which is set forth in the Program Details (defined below).
Earning Activities only count towards the earning of Points once you have a valid mymaurices Account. Earning Activities that occurred prior to your establishment of a mymaurices Account do not qualify for this Program and will not earn you Points. You can only earn Points on your total purchases after deduction of any discounts on those purchases. Use of a Reward Certificate or gift card does not earn Points.
Points will appear in your mymaurices Account within approximately seven (7) business days of your completion of an Earning Activity. You may view your membership activity via monthly mymaurices Account status email communication, on the mymaurices mobile App, or by calling our Customer CARE team at 1 (866) 977-1542.
Once a Member has accumulated the required number of Points to earn a Reward Certificate to be used at a maurices retail store or the Site, those Points will be removed from that mymaurices Account and converted to a Reward Certificate and the Reward Certificate may be issued to the email address associated with that mymaurices Account in the next monthly statement, or by other means in maurices’ sole discretion. Points will be converted to Reward Certificates in the order that the Points were earned. Each Reward Certificate will have a unique code that you may use to redeem your Reward Certificate online as described in Section 5 below ("Reward Certificate Coupon Code").
See Program details located at www.maurices.com/mymaurices for current information regarding how Points are calculated, how many Points must be accrued to earn a Reward Certificate, the value of a Reward Certificate, Reward Certificate and Point limits and any conversion of points or credits from maurices’ previous rewards program (collectively, "Program Details"). We may change the manner in which Points are calculated, how many Points must be accrued to earn a Reward Certificate, the value of a Reward Certificate and Points, Reward Certificate and Point limits, at any time.
4. Point Expiration; Reward Certificate Expiration; mymaurices Account Expiration; Returns; Errors
ALL OF THE POINTS ASSOCIATED WITH YOUR MYMAURICES ACCOUNT WILL EXPIRE TWELVE (12) MONTHS FROM THE LAST DATE OF AN EARNING ACTIVITY IN THE PROGRAM OR YOUR AUTHORIZED RETURN OF AN EARNING PURCHASE. FOR THE PURPOSES OF CLARIFICATION AND WITHOUT LIMITING THE FOREGOING, EXPIRATION FOR POINTS IS MEASURED FROM THE LAST DATE ON WHICH YOU COMPLETE AN EARNING ACTIVITY OR AUTHORIZED RETURN AND NOT FROM THE DATE ON WHICH THE POINT APPEARS IN YOUR LOYALTY ACCOUNT. EACH REWARD CERTIFICATE WILL EXPIRE NINETY (90) DAYS AFTER REWARD CERTIFICATE ISSUANCE, AS STATED ON THE REWARD CERTIFICATE. YOUR LOYALTY ACCOUNT (INCLUDING ALL OF YOUR POINTS EXISTING AT THAT POINT) WILL EXPIRE TWENTY FOUR (24) MONTHS FROM YOUR LAST DATE OF A TRANSACTION WITHIN THE PROGRAM (SUCH AS AN EARNING ACTIVITY OR AN AUTHORIZED RETURN OF AN EARNING PURCHASE).
If you return a purchase for which you earned Points in accordance with maurices’ then current return policy, the Points associated with your mymaurices Account will be reduced by the number of Points equivalent to the amount of the refund you receive.
Our records will be considered conclusive if there is a dispute about the number of Points or the number or value of any Reward Certificate earned, redeemed or deducted. Call us at 1 (866) 977-1542 within 30 days from relevant transaction date if you have any questions about your Points or Reward Certificate. If we do not hear from you by then, it means you agree with us about those Points or Reward Certificate.
We accept no liability for any errors in the number of Points or any Reward Certificate disclosed to you. Should any Points or Reward Certificates be awarded in error, we reserve the right to deduct the number of Points or Reward Certificates awarded in error immediately, and without notice to you. We are not obligated to honor a request to redeem Points or Reward Certificates added to a mymaurices Account in error.
5. Reward Certificates
Reward Certificates may be applied to purchases of maurices merchandise at a maurices retail store in the United States or Canada, or at the Site, as long as the Member is in good standing, and the Reward Certificate has not expired; except that the Reward Certificates cannot be applied to previous purchases, existing special orders, or on the purchase of gift cards (unless otherwise offered by maurices from time to time), charity items, credit card payments, layaway items, shipping and handling, taxes, and state and any other applicable governmental fees (each an "Authorized Purchase"). At maurices retail stores in the United States and on the Site, Reward Certificates will be redeemed in United States dollars. At maurices retail stores in Canada, Reward Certificates will be redeemed in Canadian dollars.
The Reward Certificate will be in addition to other promotional credits or discounts offered at the time of purchase ("Other Rewards"), unless otherwise stated in the Other Rewards. The Reward Certificate will be applied after all Other Rewards are applied to the Authorized Purchase.
In-Store: To use a Reward Certificate when making an Authorized Purchase in one of our physical retail stores in the United States or Canada, at the time of purchase you must present a printed/paper or electronic version of your unexpired Reward Certificate. maurices reserves the right to require the person using a Reward Certificate to show proof that they are the person associated with the Reward Certificate. After using the Reward Certificate the maurices representative will not return the printed/paper copy to you.
Online: To receive the Reward Certificate when making an Authorized Purchase on the Site you can enter the Reward Certificate Coupon Code in the "Promo code" box at checkout.
Each Reward Certificate may be used only once. There is a limit to the number of Reward Certificates a Member can redeem at one time, which limit is set forth in the Program Details.
Any use of a Reward Certificate in connection with activities other than those specified by maurices constitutes fraud and may be prosecuted. maurices reserves the right to pursue any legal remedies that may be available to it. You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using Reward Certificates or Other Rewards.
6. Points, Reward Certificates and mymaurices Accounts Are Non-Transferable and Not Redeemable For Cash
Except where required by applicable law, neither Points nor Reward Certificates have any monetary or cash value and they may not be redeemed for cash or, except under the Program, any cash equivalent. mymaurices Accounts and Reward Certificates are non-transferable. Reward Certificates can only be used by the mymaurices Account holder for Authorized Purchases made in-person or online by that mymaurices Account holder. Sharing your mymaurices Account, Points or your Reward Certificates with others is a breach of these Program Terms. mymaurices Accounts, Points and Reward Certificates are not your personal property, are not descendible, and may not be inherited, bartered, purchased or sold.
If you return an item purchased, in part, with a Reward Certificate (as such return may be permitted under maurices’ then current return policy), the Points associated with that Reward Certificate will be placed back into your Account. If you exchange an item purchased in one of our retail stores, in part, with a Reward Certificate, maurices may, in its sole and absolute discretion, allow you to reuse the Reward Certificate or place the Points associated with that Reward Certificate back into your Account.
7. Loss of Points and Reward Certificates; Termination of Your mymaurices Account
In addition to termination of the Program pursuant to Section 8, below, maurices may also revoke your ability toparticipate in the Program for: (i) your abuse of the Program, including, without limitation, your use of any "bot", macro, or other automated means to participate in the Program or to earn Points or Reward Certificates;(ii) your failure to follow these Program Terms and any other terms and conditions applicable to the Program;(iii) the attempted or actual sale or transfer of any of your Points, Reward Certificates, or your mymauricesAccount; (iv) any misrepresentation by you; or (v) any other conduct deemed by maurices, in its sole discretion,to be an abuse of the Program, to be detrimental to the interests of maurices or its customers, to be fraudulent, illegal, or to be otherwise improper. If your ability to participate in the Program is revoked, any unused Points or Reward Certificates will automatically expire and your future participation in the Program may be prohibited, in the sole and absolute discretion of maurices. In addition, maurices will have the right to take appropriate administrative or legal action, including seeking criminal prosecution, as it deems necessary in its sole discretion.
maurices is not responsible for Points or Reward Certificates that expire, are lost or are redeemed due to fraudulent activity. Suspected illegal, fraudulent or other unauthorized use or misuse of Points, Reward Certificates, or any other activity inconsistent with these Program Terms may, in the sole and absolute discretion of maurices, result in termination of your participation in the Program, which will result in the loss of all accumulated Points earned and Reward Certificates issued but not yet redeemed.
You agree to abide by the final and binding decisions of maurices regarding the Program and your participation in it. maurices is the sole arbiter of all issues relating to the Program, including a decision to remove Points or Reward Certificates, and all of maurices' decisions relating to the Program are final.
8. Termination of Your mymaurices Account
You may elect to terminate your mymaurices Account at any time by calling maurices at 1 (866) 977-1542. Upon termination of your mymaurices Account, any Points and Reward Certificates associated with your mymaurices Account will automatically expire and be forfeited. If you later elect to re-enroll in the Program, you will not have access to any Points or Reward Certificates associated with your previous mymaurices Account and your beginning balance of Points and Reward Certificates will be zero.
9. Updating Your mymaurices Account
You may access and update your mymaurices Account information, including your email address at a maurices retail store, by emailing our Customer CARE team at firstname.lastname@example.org, or by calling us at 1 (866) 977-1542. It is your responsibility to keep your member information current, complete and accurate. You are solely responsible for any and all activities that occur under your mymaurices Account.
10. Member Communication
You may view your membership activity via monthly mymaurices Account status email communications, on the App, or by calling our Customer CARE team at 1 (866) 977-1542. A current, valid email address is required for a member to receive certain notices in the Program, including without limitation information about certain Additional Earnings Activities.
11. NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION
WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, WITH REGARD TO THE PROGRAM, THE OPERATION AND MAINTENANCE OF THE PROGRAM, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.
WE WILL NOT HAVE ANY LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF YOU OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSS OF REVENUE, DATA OR PROFITS ARISING UNDER OR WITH RESPECT TO THESE PROGRAM TERMS OR THE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THESE PROGRAM TERMS OR THE PROGRAM WILL IN NO EVENT EXCEED THE TOTAL OF TEN U.S. DOLLARS ($10). YOU AGREE THAT ALL CLAIMS MADE HEREUNDER BY YOU AGAINST US WILL BE MADE WITHIN 120 DAYS OF THE ACT OR OMISSION THAT FORMS THE BASIS OF SUCH CLAIMS.
You, at your own cost and expense, will indemnify, defend and hold harmless, maurices, our parent, subsidiary and affiliated companies, and each of their respective directors, officers, employees, agents, successors and assigns against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages (even if such claims are groundless, fraudulent or false), including reasonable attorney's fees, based upon or in connection with (i) any breach or alleged breach of your representations, warranties, covenants, agreements, or obligations hereunder, (ii) any actual or alleged wrongful or negligent act or omission by you, and/or (iii) arising from or related to your participation in the Program.
12. Modification of These Program Terms & Termination of the Program
We reserve the right to modify, restrict, suspend, or otherwise change any aspect of the Program, and/or these Program Terms from time-to-time, including without limitation, the eligibility conditions for participation in the Program, the manner in which Members participate, and the manner and rates at which Points and Reward Certificates are earned and redeemed, and what constitutes an Earning Activity, with reasonable notice to Members. We will notify you of changes to these Program Terms by posting them to the Site and may also notify you by email to the address then associated with your mymaurices Account, and/or, at our discretion, using any other contact information we may have for you. The updated Program Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by maurices. The updated Program Terms will apply to your participation in the Program beginning as of their effective date. Your continued participation in the Program following such notice will constitute your express consent to any amendments to these Program Terms, or any other aspect of the Program. Should you not agree to such an amendment, you may cancel your participation in the Program as set out in Section 8.
Without limiting the generality of the foregoing, we also reserve the right to change, from time-to-time, the conditions for participation in the Program, the activities that earn Points or the number of Points awarded for those activities, redemption requirements, the type of merchandise for which Reward Certificates may be redeemed, or the mechanism for redeeming Reward Certificates. EXCEPT WHERE EXIGENCIES REQUIRE A SHORTER TIMEFRAME, WE RESERVE THE RIGHT TO TERMINATE THE PROGRAM COMPLETELY BY PROVIDING YOU WITH FORTY FIVE (45) DAYS WRITTEN NOTICE OF AND INSTRUCTIONS REGARDING THE IMPENDING TERMINATION.
13. ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION
BOTH YOU AND MAURICES WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND MAURICES WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
You agree that these Program Terms and your participation in the Program are governed by the laws of the Minnesota, USA without regard to its conflict of law principles. The parties each agree to finally settle all disputes only through arbitration; provided, however, maurices shall be entitled to seek injunctive or equitable relief in the state and federal courts in St. Louis County, Minnesota and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Program will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Minneapolis, MN, Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to your residence). The federal or state law that applies to these Program Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in St. Louis County, Minnesota. maurices agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs incurred by you to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Program.
15. General Information
Participation in the Program is unauthorized in any jurisdiction that does not give full effect to all provisions of these Program Terms, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. maurices has endeavored to comply with all legal requirements known to it in creating and maintaining this Program but makes no representation that the Program is appropriate or available for use in any particular jurisdiction. Participation in the Program is also unauthorized in any jurisdiction where all or any portion of this Program may violate any legal requirements and you agree not to Participate in the Program in any such jurisdiction. You are responsible for compliance with all applicable laws. Any use in contravention of this provision or any provision of these Program Terms is at your own risk and, if any part of these Program Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Program Terms will govern such participation. Our performance under these Program Terms will be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.
maurices' performance of these Program Terms is subject to applicable existing and future laws and legal process, and nothing contained in these Program Terms is in derogation of maurices' right to comply with law enforcement requests or requirements relating to your participation in the Program or information provided to or gathered by maurices with respect to such participation.
These Program Terms constitute the entire agreement between you and maurices with respect to the Program. These Program Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and maurices with respect to this Program. No modification of these Program Terms will be effective unless it is authored by maurices or its affiliates, or unless it is physically signed by a maurices officer. Any alleged waiver of any breach of these Program Terms will not be deemed to be a waiver of any future breach. A printed version of these Program Terms and/or of any notice given by maurices in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Program Terms or your participation in the Program to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by maurices in printed form.
16. Contact Us
If you have any questions about your mymaurices Account or the Program, please contact us at the store where you joined the Program, call us at 1 (866) 977-1542 or visit the FAQ page.