GREATER REWARDS 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”), a wholly owned subsidiary of Columbia Sportwear Company. There is no cost to you to participate in the Program. 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 email and text messages regarding your account regardless of whether you choose to opt out of marketing/ promotional messages, including reward notification emails, reward notification reminder messages, reward statements, and other Program related messages by text and email. Columbia reserves the right to terminate your membership for any reason or no reason at its sole discretion. Membership in the Program does not confer any rights or benefits in the reward program of any other Columbia affiliate.

As a member of the Program, you will accrue Rewards in your Greater Rewards account in $5 increments for every $100 you spend on Qualifying Purchases. You may also accrue rewards by participating in certain special promotions announced by Columbia from time to time, subject to the terms of the special promotion.

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 provide your Greater Rewards membership information 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. You will not receive rewards for purchases made prior to your membership in the Program or for purchases that did not comply with Program requirements at the time of purchase. 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 14 days from the date that your in-store purchase is finalized, or web-based order is shipped (including if placed in-store). It may take up 14 days or more for your web-based order to ship.

A “Qualifying Purchase” is a merchandise purchase made by you with your membership information at a participating Columbia Sportswear stores in the fifty United States or online at columbia.com. Qualifying Purchases exclude purchases of gift cards unless permitted under the terms of a special promotion. Qualifying Purchases also exclude payment of taxes, shipping and handling, or other fees or service charges; transaction amounts paid with earned rewards; purchases made by employees on the Columbia Employee website; purchases made using an employee or fans and followers program discount; purchases using a professional or other discount program or site; prior purchases; purchases by resellers; purchases using a gift card, merchandise or return credit as tender; and purchases of specific products or promotional offers that Columbia may expressly exclude from the Program from time to time. You will not earn rewards for the amount of any coupons or discounts on a transaction, on purchases made through any third-party platforms (such as Instagram or EBay), or the value of any rewards applied to your purchase. 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, you will not engage in bulk buying or freight forwarding, and you will comply with all other terms and conditions posted at the point of purchase.

You may accrue Rewards in your Greater Rewards account in $5 increments for every $100 you spend on Qualifying Purchases. 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 your Greater Rewards account balance is insufficient to cover a deduction related to a return, your Greater Rewards account balance may become negative. Subsequent rewards earned will first be applied to reduce that negative balance. Columbia may suspend or cancel membership accounts with a negative balance. If your Greater Rewards account is suspended, you may seek re-instatement from Customer Service. If you return merchandise purchased with Rewards, the dollar value of the Rewards allocated to the item(s) returned will be converted to rewards and credited to your Greater Rewards account to the extent we can identify that Rewards were used in the original purchase, except for orders placed on columbia.com for which the dollar value of the Rewards will be returned through merchandise credit. Returns of gifts you received but which you were not the original purchaser or return of items purchased without noting your Greater Rewards account will not be tied back to your Greater Rewards account for return credit of any associated rewards. In a return transaction where Rewards was used to reduce the total amount paid, you are entitled to a refund for any amount actually paid.

Please allow at least two weeks for your Rewards to post on your Greater Rewards account. You must be an active Greater Rewards member in good standing at the time of accrual and redemption of your Rewards. Rewards 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 Rewards presented for redemption.

You may not redeem more than $125 in Rewards within a seven (7) day period. Other conditions and exclusions may apply. Rewards 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. Upon the death of a member, the member’s loyalty account Program will be closed and any benefits or rewards in the account will be forfeited.

Rewards will be removed from your account upon the finalization of any transaction in which they are used. Unless otherwise noted, each incremental Reward will expire if there is no activity on your membership account within 6 calendar months from the date of issuance. Activity is defined as a transaction or purchase. Accrued rewards totaling less than $5 will not be issued as Rewards.

1. 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. It is important that you review these Program Terms regularly. If the Program is terminated, all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period, if any notice is required by law. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other circumstances beyond our reasonable control. 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.

2. 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.

3. Abuse of the Program, including failure to abide by these Terms or the transfer, sale or barter (or attempted transfer, sale or barter) of Rewards, 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 Rewards , and termination of your 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.

4.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 required to be arbitrated pursuant to these Terms 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.

5. 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. 

6. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND COLUMBIA TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND COLUMBIA FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND COLUMBIA AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. COLUMBIA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

1. Arbitration Procedure. For any dispute or claim that you have against Columbia, that Columbia has against you or that you have, or Columbia has, in each case arising from, relating to, or stemming from your participation in the Greater Rewards Program, these Terms, Columbia products, or Columbia services, or any aspect of the relationship between you and Columbia as relates to the Program, these Terms, Columbia products, or Columbia services, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and Columbia agree to attempt to first resolve the Claim informally via the following process. If you assert a Claim against Columbia, you will first contact Columbia by sending a written notice of your Claim (“Claimant Notice”) to Columbia by certified mail addressed to Columbia at Columbia Sportswear Company, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If Columbia asserts a Claim against you, Columbia will first contact you by sending a written notice of Columbia’s Claim (“Columbia Notice”, and each of a Claimant Notice and Columbia Notice, a “Notice”) to you via certified mail to the mailing address associated with your account or, if such information is not available, to the primary email address associated with your account, or to other contact information. The Columbia Notice must (i) include the name of a Columbia contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If you and Columbia cannot reach an agreement to resolve the Claim within thirty (30) days after you or Columbia receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Columbia first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.
   
   
2. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or Columbia, including any disputes in which you or Columbia seek injunctive or other equitable relief for the alleged unlawful use of your or Columbia’s intellectual property or other infringement of your or Columbia’s intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 6(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
   
   
3. These Terms affect interstate commerce, and the enforceability of this Section 6 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.
   
   
4. All Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms as follows:
   
   
1. YOU AND COLUMBIA AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND COLUMBIA ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Columbia or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

2. For any arbitration you initiate, you will pay the consumer filing fee, and Columbia will pay the remaining AAA fees and costs. For any arbitration initiated by Columbia, Columbia will pay all AAA fees and costs.

3. For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (iii) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.

4. If you or Columbia submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Columbia agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Columbia agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.

5. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

6. The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Columbia or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Columbia understand and agree that when twenty-five (25) or more similar claims are asserted against Columbia or you by the same or coordinated counsel or are otherwise coordinated resolution of your or Columbia’s Claim might be delayed. For such coordinated actions, you and Columbia also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Columbia shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Columbia’s case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Columbia or you.


5. One Year to Assert Claims. To the extent permitted by law, any Claim by you or Columbia relating in any way to the Program, these Terms, Columbia products, or Columbia services, or any aspect of the relationship between you and Columbia as relates to the Program, these Terms, Columbia products, or Columbia services, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Columbia will not have the right to assert the Claim.
   
   
6. Right to Opt Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out by certified mail addressed to Columbia at Columbia Sportswear Company, Attn: General Counsel, 14375 NW Science Park Drive, Portland, Oregon 97229. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 4.
   
   
7. Severability. If any portion of this Section 6 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 6 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 6; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 6 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 6 will be enforceable.
   
   

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