LEE AND WRANGLER REWARDS
TERMS AND CONDITIONS
These Terms and Conditions contain an arbitration provision. Please review the Arbitration section for details. The Lee and Wrangler Rewards Program (the “Program”) is offered by Kontoor Brands, Inc. or the local entity in your jurisdiction (“Kontoor,””we,” or “us”). To find your local entity, please review here: Legal-entities for Lee and Legal-entities for Wrangler. Members of the Program (each, a “Member”) are responsible for remaining familiar with these Terms and Conditions (the “Terms”). These Terms apply to eachMember’s participation in the Program. By participating in the Program, Member agrees to be bound by these Terms. From time to time, Kontoor, in its sole discretion, may change, discontinue, or add the interactions where Members can earn points (“Points”), the number of Points earned, and the redemption amount of Points for rewards (“Rewards”) with or without prior notification to Members. In all matters relating to the administration of the Program, the decisions of Kontoor will be final. Kontoor reserves the right to change or cancel any aspect of the Program, at any time. If Kontoor changes these Terms, Kontoor will give Member notice by posting the new Terms. Those changes will go into effect on the Last Revised date shown in the revised Terms. By continuing to participate in the Program, Member is agreeing to the revised Terms.
ENROLLMENT
It is free to enroll in the Program. No purchase is necessary. Members must have an online Lee or Wrangler account and must link their Program account to their online Lee or Wrangler account to earn Points and receive Rewards. Members are responsible for keeping contact information up to date by keeping their information current in their account or by contacting Kontoor at 1-800-453-3348 for the Lee program or 1-888-784-8571 for the Wrangler program. Kontoor is not responsible for communications, offers, or Rewards sent to out-of-date email addresses. Upon enrollment, Members will receive a welcome email with information about enrollment and participation in the Program.
ELIGIBILITY
Members must be at least 16 years old and legal residents of the United States, Austria, Belgium, Denmark, France, Germany, Ireland, Italy, the Netherlands, Poland, Spain, Sweden, the United Kingdom, or the Czech Republic to be eligible to enroll in the Program. Residents of Canada are not eligible for this Program. If Member is a minor in their location of residence, Member’s parent or legal guardian must agree to these Terms on Member’s behalf and Member may only participate in the Program with permission from their parent or legal guardian. By enrolling and participating in the Program, Member represents that they meet these eligibility requirements. Enrollment is for individuals only and for personal, non-commercial use. Kontoor employees and their families are eligible to participate in the Program. Kontoor reserves the right to terminate Members from the Program if in Kontoor’s discretion, a Member has violated the eligibility requirements or these Terms.
EARNING POINTS AND REWARDS
In order to earn Points on each purchase, Members must identify themselves at the time of purchase, either in-store, or online, by entering the same email address that was used for registration into the Program. When the registered email address is used, Members will qualify to earn one Point for every dollar spent on qualifying purchases, excluding taxes and shipping and calculated after discounts are applied. Points can be redeemed for Rewards, as further set out below. Points cannot be earned on the purchase of gift cards or merchandise cards; however Points may be earned on purchases made using gift cards for payment. Purchases will only qualify towards earning Points once the purchased item has shipped (if applicable). Upon earning 200 points, a $5 Reward certificate will be issued. Rewards are valid for 60 days after the date of issuance. We are unable to retroactively apply Rewards for those Members who do not identify themselves with appropriate account information at time of purchase. Points and Rewards can be earned at both our Lee and Wrangler brands, provided, that Member must have an online shopping account with each brand in order to earn Points at each brand. For example, Member may sign up for a Rewards account on Lee.com. If Member makes a purchase on Wrangler.com, Member must open an account to earn Points on the Wrangler purchase. Member’s Rewards account will track points earned with both brands.
RETURNS
If you return items that you have earned Points on, Kontoor will deduct the Points earned on such returned items from your total Points. If you have earned a Reward on items that you return, Kontoor will deduct the corresponding Points from your earned Points and you will see a negative Point balance within your account, reflecting the return. Rewards are not refundable if you use a Reward to purchase an item.
EXCLUSIONS
International orders, orders to and from countries other than your home country, taxes, shipping, purchase of gift cards, and items fulfilled by third parties (such as third party brands or other stores selling Lee or Wrangler products), unauthorized or fraudulent purchases, and refunds are not eligible to earn Points. If you use Rewards to purchase an item, Rewards will be applied prior to any other discounts being applied.
REDEEMING REWARDS
Rewards are issued in $5 increments via email and are also automatically added to your Rewards account immediately after issuance. Any Points that have not converted to a Reward will expire one (1) year after they are earned. Rewards are issued in $5 increments via email and are also automatically added to your Rewards account immediately after issuance. Any Points that have not converted to a Reward will expire one (1) year after they are earned. From time to time, we may offer additional offers and benefits to Members. Points or Rewards earned are not transferable and may not be sold, resold, exchanged or bartered. Points and Rewards have no cash value and cannot be exchanged for cash. Rewards cannot be used to purchase third party services. Additional exclusions may apply – Member should see Rewards email for details and specific exclusions. Members are only allowed to use the Rewards in their country of residence. Rewards will be deducted prior to any discounts being added.
CANCELLATION AND CLOSURE OF ACCOUNT
Members have the right to cancel memberships at any time by calling Kontoor at 1-800-453-3348 for the Lee program or 1-888-784-8571 for the Wrangler program. By canceling a membership, the Member’s account will be closed, any Points balance and issued Rewards certificates forfeited, and Program benefits will end. Kontoor, in its sole discretion, may terminate memberships or the whole Program without notice.
OPT-IN/PRIVACY
By providing Member’s enrollment information, Member is opting in to Rewards Program communications, including email and social postings, as well as email communications from Kontoor’s family of brands. Member is also giving Kontoor permission to use Member’s transaction and profile data to send personalized Program communications and special offers. Member’s information will be used in accordance with the brands’ privacy policies, available at https://www.lee.com/help/privacy.html and https://www.wrangler.com/privacy.html. Note that if a Member sends Kontoor a California Consumer Privacy Act (“CCPA“) deletion request per our Privacy Policy, such Member’s Points, Rewards, and accounts will be permanently deleted and Member will not be able to use incurred Points and Rewards.
CCPA FINANCIAL INCENTIVE DISCLOSURE (FOR CALIFORNIA CUSTOMERS)
Kontoor offers various financial incentives. The terms of the financial incentive will be presented to Member at the time Member signs up for the Program. Member may withdraw from any of the financial incentives by contacting Kontoor at 1 (888) 784 – 8571 or privacy@kontoorbrands.com. The value of Member’s data is the value of the offer presented to Member. Kontoor has calculated the value of the incentive by using the expense related to the offer.
DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM, AND ALL CONTENT AVAILABLE ON THE RELATED WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEMBER ACKNOWLEDGES AND AGREES, BY MEMBER’S PARTICIPATION IN THE PROGRAM AND USE OF RELATED WEBSITES, AS APPLICABLE, THAT MEMBER’S USE IS AT MEMBER’S SOLE RISK, THAT MEMBER ASSUMES FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT MEMBER USES IN CONNECTION WITH MEMBER’S USE, AND THAT KONTOOR AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES“) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO MEMBER’S USE OF THIS WEBSITE OR KONTOOR’S MOBILE APPLICATIONS OR MEMBER’S PARTICIPATION IN THE PROGRAM. IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KONTOOR AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE PROGRAM OR RELATED WEBSITES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE OR MOBILE APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KONTOOR AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM MEMBER’S ACCESS TO OR USE OF THE PROGRAM OR RELATED WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF KONTOOR’S SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE PROGRAM OR RELATED WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE PROGRAM WEBSITES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KONTOOR OR ITS AFFILIATES BE LIABLE TO MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE PROGRAM OR RELATED WEBSITES, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to Member. To the extent Kontoor may not, as a matter of applicable law, disclaim any warranty or limit Kontoor’s liability, the scope and duration of such warranty and the extent of Kontoor’s liability will be the minimum permitted under such law.
INDEMNIFICATION
To the maximum extent permitted by applicable law, Member agrees to indemnify, defend and hold Kontoor (and its Affiliates), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of Member’s use of the Program-related websites or arising from a breach of these Terms by Member or anyone using Member’s account, or Member’s violation of any law or the rights of a third party. If Kontoor assumes the defense of such a matter, Member will reasonably cooperate with Kontoor in such defense.
ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS
Except as set forth below, Member and Kontoor agree that they will resolve any disputes between them (including any disputes between Member and a third-party agent of Kontoor’s) through binding and final arbitration instead of through court proceedings. Member and Kontoor hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes between Member and Kontoor or Member and a third-party agent of Kontoor (each a “Claim“) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules“). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. Kontoor and Member agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to these Terms. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable. If Member demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Kontoor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. The parties also have the right to bring qualifying claims in small claims court. In addition, the parties retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms. Neither party may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only the parties’ individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of Member’s relationship with Kontoor. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT MEMBER OR KONTOOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
OTHER PROVISIONS
Notwithstanding the arbitration agreement herein, any action relating to the use of the Program and related websites or any transaction with Kontoor must be brought in the state or federal courts located in the County of Greensboro, North Carolina. Member consents and submits to the personal jurisdiction of such courts for the purposes of any such action. Notwithstanding the arbitration agreement herein, these Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any conflict of laws rules or provisions. Under no circumstances will Kontoor be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond Kontoor’s reasonable control. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by Kontoor to enforce any right or provision of these Terms will not prevent Kontoor from enforcing such right or provision in the future. Kontoor may assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Effective Date: September 28, 2022