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COLUMBIA SPORTSWEAR GREATER REWARDS U.S. TERMS AND CONDITIONS

Date of Last Revision: June 19th, 2024

GREATER REWARDS PROGRAM TERMS AND CONDITIONS

PLEASE READ THESE GREATER REWARDS U.S. TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 5 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND COLUMBIA ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

By enrolling in the Columbia Sportswear Greater Rewards program (the “Program”), you represent that: (i) you are a resident of the United States 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 participate in the Program; (ii) you accept these Terms; and (iii) the information that you provide to Columbia is truthful and accurate.

1. PROGRAM INFORMATION

General Program Overview
The Program is sponsored by Columbia Brands USA, LLC (“Columbia”), a wholly owned subsidiary of Columbia Sportswear Company.

An individual may enroll in the Program by fully and accurately providing applicable information on the Columbia.com website or through other channel(s), if available. There is no cost to you to enroll in the Program. Columbia may deny membership in the Program to any enrollee in its sole discretion and without written notice.

Once enrolled in the Program, you will be entitled to the rewards and benefits of membership as set out in these Terms or in applicable promotional materials as announced by Columbia from time to time. (Please see below for more details on membership tiers.) A member will remain enrolled in the Program indefinitely unless they are unenrolled from the Program as provided in these Terms.

These Terms supersede all previous terms and conditions applicable to the Program. All Program benefits, offers, rewards, and services are subject to availability. Except as otherwise expressly prohibited or limited by applicable laws, Columbia may, at any time, amend, modify, supplement or terminate the Program, these Terms, the structure for earning Program benefits or the Program’s membership tiers, even though such changes may affect the value of benefits or the ability to obtain certain benefits. If notice of such action is required by law, it will be provided in accordance with such laws. 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. In all matters relating to the administration of the Program, the decisions of Columbia will be final.

By enrolling in the Program, you agree to receive advertising, marketing materials, and other communications from Columbia except where expressly disallowed as a profile preference. Please note that you will receive transactional email and text messages regarding your Greater Rewards account and the Program (including notification emails, reminder messages, statements, and other Program-related communications) even if you choose to unsubscribe from marketing/promotional messages. You are responsible for ensuring Columbia has your most recent and accurate contact information. Columbia is not responsible for communications, offers or rewards sent to out-of-date email addresses or phone numbers

Membership in the Program does not confer any rights or benefits in the reward program of any other Columbia affiliate.

Members are responsible for any tax liability related to their participation in the Program.
Membership Tiers
All participants are automatically entered into the “Member” status level upon enrollment in the Program. A higher status level (Titanium) is unlocked when a Program member spends $300 on Qualifying Purchases (as defined below) in any 12 consecutive month period.

A member qualifying for the Titanium tier will retain access to the Titanium tier for 12 months from the date of the last qualifying purchase. A member must requalify for the Titanium tier annually or their membership will revert to the Member status level.

Each membership tier enjoys a variety of benefits made available by Columbia in its sole discretion from time to time, including Points accrued on Qualifying Purchases and free shipping on qualifying orders, as explained in detail below.
Columbia Greater Rewards Points
As set out in the table below, you will receive a designated number of Points for every $1 spent on Qualifying Purchases (defined below), based on your membership tier and the category of purchase. Points are calculated based on the net purchase amount of qualifying spend. You must provide your Program-registered email address or phone number at the time of checkout to accrue Points on a purchase.

Point Allocation per One Dollar Member Titanium Members
Apparel and All Other
Non-Footwear Product
10 points 10 points
Footwear 10 points 20 points
From time to time, Columbia may offer the opportunity to earn additional Points in connection with other qualifying activities. The Program’s promotional materials may identify additional qualifying activities, exclusions, and restrictions.

Please allow at least two weeks for your Points to post to your Greater Rewards account.
Redemption of Points
Upon reaching certain Point accumulation thresholds, you will be eligible for Rewards that can be redeemed to make purchases in participating Columbia stores or at Columbia.com (“Rewards”).

Points may be converted to Rewards at 200 Points for a $1 Reward, so long as at least 1,000 Points are being converted in the applicable transaction, which is the minimum redemption amount required per redemption transaction. Threshold and timing of the conversion of Points to Rewards may vary from time to time.

Rewards expire six months from the date of issuance. The expiration date will automatically be extended for an additional six months if you make a Qualifying Purchase after issuance. Extended expiration dates will be calculated based off of the date of the most recent Qualifying Purchase.

Points and Rewards have no cash value and cannot be exchanged for cash or credit. Points and Rewards are void where prohibited, are not transferable, do not constitute property, and may be used only once. The use of the word “earn” or similar language in marketing materials in relation to the Program does not imply that the Points or Rewards have any value prior to conversion or redemption. Points and Rewards may not be purchased or sold and are not transferable except as otherwise stated herein.

You must be an active Greater Rewards member in good standing at the time of accrual and redemption of your Points and Rewards.
Qualifying Purchases
A “Qualifying Purchase” is any merchandise purchase made (i) at participating Columbia stores in the 50 United States or the District of Columbia, or (ii) online at Columbia.com and shipped to an address in the 50 United States or the District of Columbia.

Qualifying Purchases exclude purchases of gift cards unless specifically 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 for with Rewards; the value of any coupons or discounts on a transaction; purchases made using a Fans and Followers program discount; purchases made 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.

Purchases made through any third-party platforms (such as Instagram or TikTok) are not Qualifying Purchases.
Additional Limitations on Purchases
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. We reserve the right to unenroll you from the Program and revoke your Points and Rewards in our sole discretion if we suspect you are engaging in any of the foregoing activities.

Additional terms that apply to purchases made by employees are included in Columbia’s Employee Discount and Employee CGR Program Terms and Conditions.
Returns and Your Greater Rewards Account
In a return transaction where Rewards were used to reduce the total amount paid, you are entitled to a refund for any amount actually paid. If you return merchandise purchased with Rewards, Columbia will, in its sole discretion, credit the applicable Greater Rewards account with Points equivalent to the dollar value of the returned item(s) or provide you with a merchandise credit for the value of the returned item(s).

Points received for items that are returned will be deducted from your Points balance. If your Greater Rewards account balance is insufficient to cover a deduction related to a return, your Greater Rewards account balance may become negative. Any Points subsequently earned will first be applied to reduce that negative balance. Columbia may suspend Greater Rewards accounts with a negative balance in its discretion.

You may not redeem more than $125 in points within a seven-day period.
Free Shipping on Qualifying Orders
All Program members will receive free UPS Standard ground shipping applied automatically at checkout for qualifying orders of Qualifying Purchases. To qualify, orders must be shipped to single delivery address within the contiguous 48 United States only. You must be logged into your Greater Rewards account at the time of your Qualifying Purchase at Columbia.com. Offer is not valid for orders shipped to Alaska or Hawaii, to a P.O. Box, or to APO/FPO or other delivery address not served by UPS ground shipping. Offer may not be applied to prior purchases or combined with any other shipping offer. Offer is void where and to the extent prohibited by law, restricted, or taxed. Member pays applicable taxes.
Greater Rewards Account Management
You may view your Greater Rewards account activity online by logging into your Greater Rewards account. For information about your Greater Rewards account, you may contact us at 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 Points or Rewards, 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 Greater Rewards account.
Unenrollment from the Program
Columbia reserves the right to suspend or unenroll you from the Program for any reason or no reason at its sole discretion. Any Points or Rewards in your Greater Rewards account will become void at the time of unenrollment.

If you make no Qualifying Purchases for 24 consecutive months, you may be unenrolled from the Program by Columbia automatically.

You may unenroll from the Program at any time by following the steps for unenrollment found at Columbia.com or by notifying Columbia Customer Care 1-800-622-6953. Please note that it may take up to four weeks to process your request.

If you are unenrolled from the Program for any reason, your Greater Rewards account will be closed, and any outstanding Points or Rewards in your Greater Rewards account will be forfeited without notice or compensation to you.

Upon the death of a member, the member’s Greater Rewards account will be closed, and any benefits or rewards in the account will be forfeited.

2. 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/.

3. CALIFORNIA AND COLORADO NOTICES

Because the Program involves the collection of personal information, it may be interpreted as “financial incentive” program under California law or “bona fide loyalty” program under Colorado law. To view our Notice of Financial Incentive, please visit: https://www.columbia.com/privacy-policy/#rights-choices-optouts.

We administer the program in accordance with the California Consumer Privacy Act (“CCPA”). If you are a resident of California, you may exercise your rights under the CCPA 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 transactional notifications and reminders as well as Greater Rewards account balance summary emails so long as you remain enrolled in the Program because email is the only source of communication for the Program.

4. GENERAL TERMS

No Waiver. Columbia’s failure to insist upon or enforce strict compliance with any provision of these Terms shall not be construed as a waiver of any provision or right and will not prevent us from enforcing such right or provision in the future. Nothing in these Terms will limit Columbia from exercising any legal rights or remedies that it may have.

Severability. 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.

Choice of Law and Forum. These Terms, the Program, and your participation in the Program 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.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COLUMBIA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE PROGRAM, OR YOUR PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM COLUMBIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COLUMBIA'S RECORDS, PROGRAMS OR SERVICES. 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 GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.

5. 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.

A. 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 these Terms, the Program or your participation in the Program (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.

B. All Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory that are not resolved in accordance with Section 5(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.

C. These Terms affect interstate commerce, and the enforceability of this Section 5 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.

D. 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 SITE 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.



E. One Year to Assert Claims. To the extent permitted by law, any Claim by you or Columbia relating in any way to these Terms, the Program, or your participation in the Program 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.

F. Right to Opt Out of Arbitration. You have the right to opt out of binding arbitration within thirty (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.

G. Severability. If any portion of this Section 5 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 5 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 5; 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 5 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 5 will be enforceable.

Columbia, the Columbia logo, the Columbia Greater Rewards logo, the Titanium tier logo, and other logos, trademarks, and trade names herein are trademarks or registered trademarks of Columbia or its affiliates.