Receive an additional 50% off your online purchase of select items at forever21.com only from February 14, 2019 at 12:00am PST through February 19, 2019 11:59pm PST. Offer valid only on items marked “50% off”. Use promo code “EXTRA50” at checkout. Not valid on the purchase of gift cards or e-gift cards, taxes, shipping and handling charges, non-Forever 21 branded items, Core Basics, and Red Deals. No adjustments on previous purchases. Not redeemable for cash or cash equivalent. Nothing stated herein will affect customer’s legal rights. Forever 21 reserves the right to modify or cancel this promotion at any time without notice.
Free Standard Shipping with your minimum purchase of $50.00 or more. Eligible customers must have a minimum cart value of $50.00 and select Standard Shipping during checkout in order to receive free standard shipping. Cannot be combined with any other offer. Not valid on gift card purchases. No adjustments on previous purchases. Valid on standard U.S. ground shipping in the 48 continental U.S. states only. Not valid on international shipments or to Alaska, Hawaii, U.S. territories, P.O. Boxes, and APO/FPO addresses. If you choose another shipping option, additional charges will apply. Offer is nontransferable and subject to change without notice. Receive a free Gift with your purchase when you make an online purchase of $50.00 or more at forever21.com from February 15, 2019 at 12:00am PST until February 19, 2019 at 11:59am PST only. Eligible customers must use promo code “EXTRA50” during checkout in order to redeem. Minimum purchase amount must be met in a single transaction before taxes. While supplies last. Limit one redemption per purchase per customer. Offer subject to availability on hand at the store. Offer not valid on purchases of gift cards, taxes, or shipping fees. Cannot be combined with any other promo code offer. Not valid for cash or cash equivalent. Gift with purchase cannot be returned or exchanged. Gift has an approximate retail value of $1.90. Forever 21 reserves the right to modify or cancel this promotion at any time without notice.
Please read these Terms carefully for important information about your rights and obligations in the Forever Rewarded Loyalty Program (“Program”). By participating in the Program, you agree to these Terms. In these Terms, “you” and “your” mean the Account holder. “We,” “our,” “us” and “Forever 21” mean Forever 21, Inc. or its successors or assignees. “Bank” means Comenity Capital Bank or its assignees.
Points accrued under the Program expire 24 months from the date they are earned. Reward Certificates are issued for award purposes only and expire 60 days from the date they are issued.
The Program is provided by Forever 21, Inc. Forever 21 is solely responsible for Program operation and may withdraw the Program or change the terms of the Program at any time. The purpose of the Program is to reward customers for certain uses of their Forever 21 credit card or Forever 21 Visa credit card (“Card”). For the most up-to-date Terms, please visit www.forever21.com/rewardedterms.
PLEASE NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND THROUGH FINAL AND BINDING ARBITRATION. SEE BELOW FOR SPECIFIC PROVISIONS.
General Information; Definitions. The Program allows you to earn points (“Points”) on the dollars you spend as described in Section 3 below, using your Forever 21 Credit Card or Forever 21 Visa Credit Card Account (your “Account”). For every 300 points accumulated at the end of an earning period, you will automatically receive a $5 Reward Certificate (“Certificates”) that can be used at any Forever 21 store in the U.S. (excluding U.S. territories) and online at www.forever21.com, as described in Section 4 below.
While the Program may be related to your Forever 21 Credit Card or Forever 21 Visa Credit Card Account Agreement (“Agreement”), which governs the use of your Forever 21 Credit Card or Forever 21 Visa (“Card”), these Program Terms are separate and independent from your Agreement. In the event of any conflict between these Program Terms and your Agreement, these Terms will control in any matter relating to the Program.
From time to time we may change the program and these program terms in accordance with applicable law, including any applicable notice requirements. Any and all Offers related to the Program are subject to change. Offers are void where prohibited by law. Forever 21 reserves the right to terminate the program or change the Terms in whole or in part, at any time, as specified in Section 11 below.
Eligibility; Withdrawal of Program. You will be automatically enrolled in the Program when the Bank opens your account. You may cancel your participation in the Program in accordance with Section 11. Unless you cancel your participation, you will remain enrolled in the Program as long as your Account remains open and in Good Standing and we continue to offer the Program. “Good Standing” means (1) your Account is open to new charges and not over your credit limit, (2) your Account is not more than 60 days past due or otherwise in default, (3) your Card is not flagged as lost, stolen, or fraudulent according to the Bank’s records, (4) your Account is not in a Hardship/Workout Program with the Bank, and (5) you are not subject to a credit counseling arrangement relating to your Account. We may withdraw the Program or deny or revoke your participation in the Program at any time for any reason.
Earning Points. You will earn Points for Net New Purchases on your Account so long as your Account is in Good Standing. “Net Eligible Purchases” are purchases of goods and services, including taxes and shipping charges, for personal, family and household purposes using your Card and the Card(s) of your Authorized User(s), if any, minus any returns, refunds or credit adjustments, rounded to the nearest dollar.
Points are not earned on, and the term “Net Eligible Purchases” does not include: gift cards, e-certificates, returns, refunds, credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, purchases made by or for a business or for a business purpose, balance transfers, interest, fees or other Account activity, convenience checks, cash advances, overdraft advances, purchases of money orders, travelers checks, foreign currency, quasi-cash or other cash equivalents; fraudulent transactions; and transactions subject to adjustment; or on interest or fees of any kind, such as finance charges, late payment fees, and cash advance fees.
We have the right to deduct Points from your Points balance for charges that were not or do not remain Net Eligible Purchases. Points awarded for purchases that are returned, refunded, or otherwise adjusted will be deducted from your Points total Such deductions may result in a negative Points balance, in which case, , you must first earn Points to bring your Points balance to zero before earning any Points eligible for redemption. Purchases that are returned that receive merchandise store credit will not have any Points adjusted. Points you earn may not be combined with Points earned on any other credit account. Points earned have no cash value and may not be used as payment of any outstanding obligation to the Bank or its affiliates or to Forever 21.
There is no maximum number of Points that may be earned per billing period or year.
(a) Points for Net Eligible Purchases. . You will earn Points for Net Eligible Purchases so long as your Account is in Good Standing.
For the Forever 21 Visa Credit Card, you will earn:
Three (3) Points for each $1.00 of Net Eligible Purchases made at Forever 21 stores in the U.S. (excluding U.S. territories) and online at www.forever21.com.
For the Forever 21 Visa Credit Card, you will earn:
Three (3) Points for each $1.00 of Net Eligible Purchases made at Forever 21 stores (excluding U.S. territories) and online at www.forever21.com.
Two (2) Points for each $1.00 of Net Eligible Purchases made at qualifying restaurants (“Restaurant”). Purchases at restaurants are determined by merchant category codes assigned by Visa (”Merchant Classification”).*
One (1) Point for each $1.00 of Net Eligible Purchases made everywhere else Visa is accepted.
*Merchant Classification: Each retailer, business or any other place where you can make a purchase (“Merchant”) is assigned a code that indicates the Merchant’s area of business. For example, gas stations or grocery stores are each generally assigned a specific merchant code. We don’t assign or have any control over merchant codes. Merchant codes are chosen and assigned by a third party, who may change the codes from time to time. When you make a purchase at a Merchant, we are provided the code for the Merchant. If the merchant code matches a category that gives you additional Points, you will receive the additional Points for that purchase. Because we don’t control what code a Merchant is assigned, sometimes a purchase that you think fits a certain category may not earn additional Points.
(b) Points for Special Offers. From time to time, we may make special offers for you to earn additional Points for Net Eligible Purchases. These additional points are called “Bonus Points.” The way to earn Bonus Points, and the Bonus Points that can be earned, may vary. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, or exclusions. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. Your Net Eligible Purchase must be completed and the transaction charged to your Account during the special offer period in order for you to earn the applicable Bonus Points. For mail order, special order, online, and other purchases, please be aware that we may not charge your Account until items purchased have shipped. During special offer periods, making a return in the same transaction as your purchase may result in earning fewer Points because Points are calculated off of your Net Eligible Purchase (in this case, your purchase minus return).
Some or all of such special offers to accumulate additional Points may require you to register your Account in order to be eligible for the offer. For special offers requiring registration, the offer will provide you with information on how to register, as well as the time period in which you must register in order to be eligible for the offer; you must register within the required time period and prior to making a qualifying purchase in order to receive the additional Points on such purchase.
(c) Posting of Points Earned; Expiration; Forfeiture. Points are considered earned when they are posted to your Points balance, which generally will be on the same day that the purchase is posted to your Account. However, Points may take up to 1-2 billing cycles to be posted following a qualifying purchase. There is no maximum number of Points that may be earned per billing period or year. At any time, we may verify and adjust your Points balance based on our records and based on certain purchases not constituting, or no longer constituting, Net Eligible Purchases. Your Points balance will be updated daily and is shown on your billing statement and online at www.comenity.net/forever21 or www.comenity.net/ forever21visa.
Points below the rewards certificate threshold will be carried over to the following statement period. However, Points will expire 24 months after the date that they are earned. Once Points expire, they may no longer be used. You will also forfeit your unused and unexpired Points if you attempt to violate the prohibitions on the transfer of Points, or if the Bank or you close your Account for any reason. You will not be entitled to and will not receive any compensation from us for your Points that expire or are forfeited. Except as otherwise provided by applicable law, you will forfeit all unused Points if you file for bankruptcy, or your participation in the Program is terminated or your Account is closed for any reason. You will also forfeit Points as described below and in Sections 9 and 11. You will not receive any compensation or new Points for your Points that expire or are forfeited.
Points you earn may not be combined with Points earned by anyone else for purposes of receiving Rewards. Points earned have no cash value, and cannot be purchased, sold or redeemed for cash. Points may not be used as payment of any outstanding obligations to the Bank or its affiliates. Points may not be sold, purchased, brokered, bartered, transferred or altered in any way by you. Any attempted transaction of such sort will automatically be void. Anyone engaging in such transactions will be liable for damages to us, including, but not limited to consequential damages, third party damages, transaction costs, attorney’s fees and court costs. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.
Reward Certificates. When you earn enough Points (a “Reward Level”), you will be eligible for a Reward Certificate as long as your Account is in Good Standing. Reward Certificates are redeemable for reward Points and will automatically be redeemed for Reward Certificates when the 300 point threshold is met, so long as your Account is in Good Standing as defined in Section 2, and not in a Hardship/Workout Program. If your Account is not in Good Standing or is in a Hardship/Workout Program, you will not be eligible to receive Reward Certificates until the end of the next billing period in which your Account is once again in Good Standing and not in a Hardship/Workout Program. Reward Certificates are issued in $5 increments via your monthly billing statement. Reward Levels are subject to change without notice.
300 Points = $5 Rewards Certificate
Points will be issued on a “first in, first out” basis, such that the first Points earned will be the first Points used towards a rewards certificate. There is no limit to the rewards certificate value that can be issued during an earning period, and all points below the rewards certificate threshold will be carried over to the following statement period.
Once a Rewards Certificate is issued, your Points balance will be reduced by the number of Points used to obtain the Certificate. In the event a return, refund, or credit adjustment results in insufficient Points at the time for the Certificate to be issued, the Certificate may not be issued. If the Certificate is issued and we later discover that you did not have sufficient Points for the Certificate(s) in your Points balance, in addition to any other actions we may take, future Points earnings will be applied to the Certificate(s) until such time as sufficient Points are earned to cover the Certificate(s). You will not be able to redeem Points until you again have a positive balance. Purchases that are returned that receive merchandise store credit will not have any Points adjusted.
Except as provided below, once earned, you will be automatically sent a rewards certificate to your primary billing address within1-2 billing cycles. If you receive paperless statements, reward certificates will be located on Account Center within 1-2 billing cycles. To change the primary billing address for your Account, please contact the Bank by calling 1-866-512-6286 (Forever 21 Credit Card Accounts) or 1-866-412-5563 (Forever 21 Visa Credit Card Accounts (TDD/TTY 1-888-819-1918).You may also update your contact information via Account Center at www.comenity.net/Forever21 or www.comenity.net/Forever21visa or by calling 1-866-512-6286 (Forever 21 Credit Card Accounts) or 1-866-412-5563 (Forever 21 Visa Credit Card Accounts) (TDD/TTY 1-888-819-1918). We are not responsible for communications, including reward certificates, lost due to change of address or other contact information.
We will only issue a Rewards Certificate if your Account is in Good Standing. If your Account is not in Good Standing, you will not be eligible to receive Reward Certificates until the end of the billing period in which your Account is once again in Good Standing. Reward certificates are not transferable and each rewards certificate is redeemable per its terms.
REWARD CERTIFICATES EXPIRE 60 DAYS FROM THE DATE THEY ARE ISSUED. ONCE ISSUED, REWARD CERTIFICATES CANNOT BE WITHDRAWN OR CHANGED BY US, EVEN IF WE WITHDRAW OR MODIFY THE PROGRAM, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS. ANY ADDITIONAL EXCLUSIONS OR LIMITATIONS FOR USE OF REWARD CERTIFICATES WILL BE PROVIDED TO YOU ON THE REWARD CERTIFICATE.
There is no limit on redeeming reward certificates per purchase. Reward Certificates are issued for award purposes only. Rewards Certificates have no cash value and may not be applied to gift cards, e-certificates, taxes, or shipping charges. Reward Certificates will not be honored retroactively in connection with any prior purchases. Lost, stolen, or expired RewardsCertificates are not replaceable. A Reward Certificate is combinable with the Forever 21 employee discount. Any additional exclusions or limitations for use of Reward Certificates will be provided to you on the Reward Certificate. Reward Certificates may not be used as payment of any outstanding obligations to the Bank or its affiliates. Reward certificates expire 60 days after they are issued.
To the extent allowed by applicable law, we may cancel any earned or outstanding Reward Certificates if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.
Communications, Program Activity and Customer Service. We may contact you about the Program by mail, phone, e-mail or other methods permitted under applicable law. As needed, you agree to promptly update your contact information at via Account Center at www.comenity.net/Forever21 or www.comenity.net/Forever21visa or by calling 1-866-512-6286 (Forever 21 Credit Card Accounts) or 1-866-412-5563 (Forever 21 Visa Credit Card Accounts) (TDD/TTY 1-888-819-1918). We are not responsible for Rewards Certificates or communications lost or undelivered due to incorrect or changed address or other contact information.
You can view your Program activity and Rewards summary within Account Center on the “My Rewards” tab, after you register and login at www.comenity.net/Forever21 or www.comenity.net/Forever21visa. Your monthly billing statement will also show the number of unused and unexpired Points in your Points Balance. You can also call the Bank at 1-866-512-6286 (TDD/TTY 1-888-819-1918) for Forever 21 Credit Card Accounts or 1-866-412-5563 (TDD/TTY 1-888 819-1918) for Forever 21 Visa Credit Card Accounts for such information and to find out whether you earned Points from a particular transaction; whether a rewards certificate was properly issued; or want to ask any other question regarding the Program.
Points Disputes If Points you believe were earned have not timely posted to your Points balance, you may dispute your Points balance (“Points Dispute”) by calling 1-866-512-6286 (TDD/TTY 1-888-819-1918) for Forever 21 Credit Card Accounts or 1-866-412-5563 (TDD/TTY 1-888 819-1918) for Forever 21 Visa Credit Card immediately. The Bank will use reasonable efforts to investigate your Points Dispute so long as you notify us of such dispute within ninety (90) days of the posting date of such purchase. If you do not notify the Bank within such ninety (90)-day period, you will have waived your right to make a Points Dispute with respect to that purchase. In order for the Bank to undertake an investigation of your Points Dispute, the Bank may require you to provide written confirmation of the dispute. If the Bank does not receive the requested written confirmation at the address and within the time requested, the Bank may in sole discretion determine not to investigate your Points Dispute. Upon completion of the investigation of your Points Dispute, the Bank will have no further responsibilities should you later reassert the same Points Dispute.
Please note that the dispute rights with respect to your Account under the Account Agreement do not apply to these Terms or to your rights and remedies under these Terms, which are solely as set forth in these Terms. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Points Dispute, is for us to credit the disputed Points to your Points balance. Moreover, all disputes related to the Program are subject to the Jury Trial Waiver and Arbitration Provision in your Agreement.
Limited Liability. Unless otherwise required by law or our agreements with you, neither Forever 21 Inc. nor the Bank, nor any of our or its affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Program; (b) any claim relating to products purchased using any Reward Certificates obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Points. Notwithstanding the foregoing, any liability that we or they may have to you in connection with the Program shall be limited to the amount of any Points you have earned in accordance with these Terms.
No Warranties. The Bank does not: (a) endorse Reward Certificates or products or services purchased at Forever 21 using Reward Certificates; (b) make any express or implied warranty regarding Reward Certificates or products or services purchased at Forever 21 (c) guarantee the performance of Reward Certificates or products or services purchased on Forever 21.; or (d) offer Reward Certificates offered through this Program.
Changes to the Program or these Terms. Subject to any notice requirements and other limitations imposed by applicable law, we may, at any time: (a) change, limit, or terminate any aspect of the Program or these Terms, including the types of Rewards available, the items available as Rewards, and the cost of Rewards; (b) terminate the Program in its entirety; (c) amend these Terms in whole or in part, including adding provisions covering subjects not previously addressed; (d) discontinue or replace any Rewards with similar Rewards or Rewards of lesser, equal or greater value; (e) add or increase fees charged in connection with the Program; or (f) terminate your participation in the Program for any reason. Changes may apply retroactively and may affect outstanding transactions and Points, and may include, without limitation, the earnings rate for Points, the number of Points required to obtain specified Rewards, the type of transactions qualifying for Points, the type or value of Rewards, the expiration date of Points, and the maximum number of Points that may be earned per billing period or year. Any of the foregoing actions may be taken even if such actions affect the value of Points already earned.
TaxesYou are solely liable for any applicable taxes arising out of the accrual or use of Points or Rewards Certificates. Consult your tax advisor concerning such tax consequences that may arise from your participation in the Program.
Cancelling Program Participation. You may cancel your participation in the Program at any time by calling the Bank at 1-866-512-6286 (TDD/TTY 1-888-819-1918) for Forever 21 Credit Card Accounts or 1-866-412 5563 (TDD/TTY 1-888-819-1918) for Forever 21 Visa Credit Card Accounts). If you cancel your participation in the Program, you will no longer earn Points and you will forfeit your unused and unexpired Points. Your cancellation will not affect any previously issued Rewards Certificates unless you also close your Account.
Governing Law; Assignment. The Program and these Terms are governed by federal law and, to the extent state law applies, the laws of the State of Utah, without any reference to its choice of law provisions. You may not assign your rights or obligations under these Terms to any other person or entity. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS ARISING FROM OR RELATING TO THESE TERMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
“Claim,” as used in these Terms means any claim, dispute or controversy that in any way arises from or relates to these Terms.
Arbitration Agreement. You agree that all disputes between you and Forever 21 (whether or not such dispute involves a third party) with regard to your relationship with Forever 21 (including without limitation disputes related to these Terms, rights of privacy and/or publicity, and/or the validity, scope, or enforceability of this arbitration provision), will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Forever 21 hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules, and as long as such matter is only pending in that court. But if that claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration. You may bring claims only on your own behalf. Neither you nor Forever 21 will participate in a class action or class-wide arbitration for any claims covered by these Terms. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Forever 21 is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Forever 21 or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE. If you do so, neither you nor Forever 21 can require the other to participate in an arbitration proceeding. To opt out, you must notify Forever 21 in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Forever 21, Inc.
ATTN: Rewards Program Arbitration Opt-out (Legal Department)
3880 N. Mission Rd.
Los Angeles, CA 90031
You must include your name and residence address, the email address you use for your Forever 21 account (if any), and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Forever 21.
TIME LIMITATION ON CLAIMS. You agree that any claim you may have arising out of or related to your relationship with Forever 21 must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Severability.If a court of competent jurisdiction or any government agency determines that any provision of these Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Terms. However, all other provisions will remain in full force and effect.
Entire Agreement; No Waiver. .These Program Terms contain the entire understanding between you and us regarding the Program. These Program Terms replace and supersede any previous terms and conditions governing the Program we may have provided to you. The Program is not available where and to the extent prohibited by law. We can delay enforcing our rights under these Program Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing executed by someone with authority to bind us.
The Forever 21 Credit Card is issued by Comenity Capital Bank and the Forever 21 Visa credit card is issued by Comenity Capital Bank pursuant to a license from Visa U.S.A. Inc.