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GREATER REWARDS TERMS AND CONDITIONS

Last Updated: September 8, 2020

GREATER REWARDS PROGRAM TERMS AND CONDITIONS

By enrolling in the Columbia Sportswear Greater Rewards program (the “Program”) you represent (i) that you are a resident of the U.S. and are 18 years of age and the age of majority in your jurisdiction or if you are 18 years of age but are not the age of majority in your jurisdiction that you have obtained permission from your parent or legal guardian to be a member of the Program, (ii) that you accept these Greater Reward Program Terms and Conditions (these “Terms”), and (iii) that the information that you provide to Columbia is truthful and accurate. The Program is sponsored by Columbia Brands USA, LLC (“Columbia”). By becoming a member of the Program, you agree to receive advertising, marketing materials, and other communications relating to your Greater Rewards account and the Program from Columbia except where expressly disallowed as a profile preference. You will receive transactional messages regarding your account regardless of whether you choose to opt out of marketing/promotional messages, including reward certificate emails, reward certificate reminder emails, reward statement emails, and other Program related messages. Columbia reserves the right to terminate your membership for any reason or no reason at its sole discretion.

PROGRAM OVERVIEW

As a member of the Program, you may receive a $5 Promotional Reward Certificate for every $100 you spend on Qualifying Purchases. You may also receive rewards by participating in certain special promotions announced by Columbia from time to time.

YOUR ACCOUNT

You are responsible for creating a complex password to protect your Greater Rewards account and for ensuring that you do not share your password with others. To receive rewards, you must either identify yourself as a Greater Rewards member at the time of your Qualifying Purchase at a Columbia-owned U.S. store or be logged in to your Greater Rewards account at the time of your Qualifying Purchase at Columbia.com. To receive information about the Program, your account, and your rewards, you must provide and maintain a valid email address on your account. Rewards for Qualifying Purchases will post to your Greater Rewards account within approximately 21 days from the date of purchase, delivery, or shipment.

QUALIFYING PURCHASES

A “Qualifying Purchase” is a merchandise purchase made by you with your membership information at a participating Columbia-owned retail or outlet store in the fifty United States or online at columbia.com. Qualifying Purchases exclude purchases of gift cards; payment of taxes, shipping and handling, or other fees or service charges; purchases made at a Columbia Employee store or website or through the pro-purchase program; prior purchases; purchases by resellers; and purchases of specific products that Columbia may expressly exclude from the Program from time to time. As a Greater Rewards member, you agree that you will not purchase products from a Columbia-owned store or website for resale to third parties.

GET AND REDEEM REWARDS

For each Qualifying Purchase, you may accrue 5% in rewards in your account. Rewards are calculated based on the amount paid by you for Qualifying Purchases, excluding payments made with rewards or merchandise credits. If a Qualifying Purchase is returned, rewards will be deducted from your Greater Rewards account in an amount equal to the corresponding rewards posted for the portion of the Qualifying Purchase that is returned. If at any time your rewards balance becomes negative, Columbia may immediately cancel your Program membership, close your Greater Rewards account and/or cancel your outstanding Promotional Reward Certificates.

A Promotional Reward Certificate will automatically be issued to you via email for each $5 in rewards that you accrue in your account. Please allow at least three weeks for issuance. You must be an active Greater Rewards member in good standing at the time of issuance and redemption. Promotional Reward Certificates may be applied as a discount on a future Qualifying Purchase in an amount equal to or greater than the amount of the sum of the Promotional Reward Certificate(s) presented for redemption.

You may not redeem more than ninety-nine (99) Promotional Reward Certificates within a 7-day period. Other conditions and exclusions may apply. Promotional Reward Certificates have no cash value, are void where prohibited, are not transferable, do not constitute the property of the member, and may be used only once. If you lose a Promotional Reward Certificate and that certificate has not expired or been used, call us at 1–800–MA-BOYLE (1-800-622-6953) or email us and we will re-send your certificate.

REWARDS EXPIRATION

Rewards will be removed from your account upon issuance of a corresponding Promotional Reward Certificate. Unless otherwise noted on the Promotional Reward Certificate, each Promotional Reward Certificate and the corresponding rewards will expire if not redeemed within 180 days from the date of issuance. Accrued rewards totaling less than $5 will not be issued as Promotional Reward Certificates. Unissued rewards will expire twelve (12) months from the date the rewards posted in your Greater Rewards account.

MEMBERSHIP CANCELLATION

If you make no Qualifying Purchases during any continuous (rolling) 24-month period, your membership may be automatically cancelled by Columbia on or after the last day of the 24th month of account inactivity. If Columbia determines, in its sole judgment and discretion, that you have violated these Terms, it may immediately cancel your membership.

You may cancel your membership at any time by notifying Columbia Customer Care at 1-(800)-622-6953. Please note that it may take up to four (4) weeks to process your request.

If your membership is cancelled for any reason, your Greater Rewards account will be closed: any outstanding, unissued rewards in your account and any unused Promotional Reward Certificates will be forfeited without notice or compensation to you.

If you are a resident of California, you may exercise your rights under the California Consumer Privacy Act effective January 1, 2020 and still remain a member in good standing. You may opt out of marketing e-mail communications and still remain a member in good standing. Note that after opting out of marketing e-mails, you will continue to receive Promotional Reward Certificate notifications and reminders as well as account balance summary emails so long as you remain enrolled in the Greater Rewards Program, because e-mail is the only source of communication for the Program.

MEMBER COMMUNICATIONS

You may view your account activity online by logging in to your Greater Rewards account at https://www.columbia.com/Loyalty-Dashboard. For information about your account, you may contact us at 1–800–MA-BOYLE (1-800-622-6953) or access customer service online at the Columbia Sportswear Help Center.

Columbia is not responsible for lost, delayed, stolen, damaged, incomplete, invalid, misdirected, or undeliverable communications, including Promotional Reward Certificates, or for technical failures of any kind, including but not limited to electronic malfunctioning of any network, hardware or software, technical or human error. If there is a dispute as to the identity of a Program member, the authorized account holder of the email address associated with the Greater Rewards account will be deemed the Program member if they provide identification reasonably acceptable to Columbia that is consistent with the name on the account.

PRIVACY POLICY

The information you provide as a member of the Program will be handled according to the Columbia Sportswear Privacy Policy. For details on how your information is collected and used, please see our privacy policy, available online at www.columbia.com/privacy-policy/.

GENERAL TERMS

Employees of Columbia or its affiliates are not eligible for membership in the Program.

Columbia reserves the right to modify, terminate, amend, limit, or otherwise change the Program and these Terms, including but not limited to Program benefits, conditions of participation, reward rates, or any other aspect of Program membership, in whole or in part, at any time with or without notice, even though changes may affect the value of the rewards already accumulated. Changes to these terms will be posted at https://www.columbia.com/rewards-terms-and-conditions.html. YOUR CONTINUED MEMBERSHIP AFTER CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Columbia reserves the right to make rewards and promotional offers available to select members based on purchase activity, Program participation, or other factors. Columbia also reserves the right to cease communication with and terminate the account of any member at its sole discretion.

You are responsible for any tax liability related to your participation in the Program or your Qualifying (or other) Purchases.

Abuse of the Program, including failure to abide by these Terms or the transfer, sale or barter (or attempted transfer, sale or barter) of Promotional Reward Certificates, product purchased as part of a Qualifying Purchase, rewards, or promotional offers, and any misrepresentation of fact relating thereto or other improper conduct as determined by Columbia in its sole judgment, may result in termination of your membership and disqualification from future Program participation, forfeiture of all rewards accrued, cancellation of previously issued but unused Promotional Reward Certificates, and termination of your business relationship with Columbia. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. Columbia reserves the right to interpret and apply the policies and procedures communicated in these Terms in its sole and absolute discretion. You agree to fully and unconditionally accept the decisions of Columbia, which are final and binding in all matters related to the Program, your purchases, and these Terms. These Terms supersede all previously published terms and conditions related to the Program.

If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The Program, your Qualifying Purchases, and these Terms will be governed by and construed under the laws of the State of Oregon applicable to agreements made and to be entirely performed within the State of Oregon, without regard to any conflict of law provisions. You agree that any action not filed in arbitration pursuant to these Terms and Conditions shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.

IN NO EVENT SHALL COLUMBIA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE PROGRAM. HOWEVER, THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF COLUMBIA’S OWN NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW. ANY DISPUTE OR CLAIM BETWEEN YOU AND COLUMBIA, ITS AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, DIRECT AND INDIRECT SUBSIDIARIES, AND ANY THIRD PARTY PROVIDING ANY PRODUCTS OR SERVICES TO YOU IN CONNECTION WITH YOUR PURCHASE RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM YOUR PARTICIPATION IN THE GREATER REWARDS PROGRAM, ANY PRODUCTS SOLD BY COLUMBIA OR THROUGH THE SITES, OR THESE TERMS AND CONDITIONS (INCLUDING THEIR INTERPRETATION, VALIDITY, TERMINATION OR BREACH) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms and Conditions is void, voidable or otherwise invalid.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS AND CONDITIONS AS A COURT WOULD.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent or to Columbia at Columbia Brands USA, LLC, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. You agree that the arbitration will be conducted by and in accordance with the rules of either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. Such arbitration shall proceed either in the county in which you reside or Multnomah County, Oregon. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. Columbia will reimburse those fees for claims totaling less than $10,000. Likewise, Columbia will not seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

WE EACH AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE ACTION BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER. IN ADDITION, WE BOTH AGREE THAT WE EACH MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

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 OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COLUMBIA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

The Columbia logo, Greater Rewards logo, and other logos, trademarks, and trade names of Columbia are the intellectual property of Columbia or its affiliates.