GREATER REWARDS TERMS AND CONDITIONS
Columbia Sportswear Greater Rewards
Last Updated: December 18, 2017
Greater Rewards Program Terms and Conditions
By enrolling in the Columbia Sportswear Greater Rewards program (the “Program”) you represent (i) that you 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 and (ii) that you accept these Greater Reward Program Terms and Conditions (these “Terms”). 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, point statement emails, and other program related messages.
As a member of the Program, you may earn points on Qualifying Purchases (as described below) made in the U.S. at Columbia-owned Retail and Outlet Stores and online at Columbia.com. You may also earn points by participating in certain special promotions announced by Columbia from time to time. Points are accrued and credited to your Greater Rewards account as you make Qualifying Purchases. Members earning sufficient points (as described below) will earn Promotional Reward Certificates.
As a member of the Program you will earn 10 points for nearly every $1 you spend on any eligible product that is purchased at Columbia-owned Retail and Outlet Stores located in the U.S. and at Columbia.com (a “Qualifying Purchase” as further described below). You may also earn points by participating in certain special promotions announced by Columbia from time to time. To earn Greater Rewards points, you must either identify yourself as a Greater Rewards member at the time of the in-store purchase or be logged in to your Greater Rewards account at the time of the online purchase at Columbia.com. To earn points on purchases at Columbia.com, you must set up a Greater Rewards account at Columbia.com or at a Columbia store and be logged in to that account on Columbia.com at the time of purchase. When setting up the account, you are responsible for creating a complex password to protect your account and for ensuring that you do not share your password with others. Points earned through all Qualifying Purchases will post to your account within approximately 21 days from the date of purchase, delivery or shipment. Point calculations are based on dollars spent at checkout on Qualifying Purchases. No points are earned for payment of sales tax, shipping and handling costs, or other fees or services. When Qualifying Purchases are returned, points will be deducted from your Greater Rewards point balance in an amount equal to the amount of points earned for the portion of the Qualifying Purchase that is returned. Points have no cash value and do not constitute property of the member. You cannot give or transfer your points to anyone else.
Qualifying Purchases include purchases of regular and sale priced products at Columbia-owned Retail and Outlet Stores in the U.S. and online at Columbia.com, excluding all purchases made for resale, and purchases made at a Columbia Employee Store (together, “Non-Qualifying Purchases”). Other products may be excluded from the Program and points are not earned for purchases of such products, which purchases are also considered Non-Qualifying Purchases. No points are earned for payment of sales tax, shipping and handling costs, or other fees or services.
Get and Redeem Rewards
For every 1,000 points you earn in the Program, you will receive a Promotional Reward Certificate, which is a coupon redeemable for a $5 discount off your future purchase at Columbia-owned Retail and Outlet Stores located in the U.S. or at Columbia.com only. 1,000 points are automatically deducted from your account for every $5 Promotional Reward Certificate issued to you. Promotional Reward Certificates will be automatically issued via email and sent to the email address associated with your account profile approximately 3 weeks after reaching the 1,000-point threshold. In the event that you accumulate more than 1,000 points, we will issue your rewards in 1,000 point ($5) increments. Promotional Reward Certificates may only be redeemed for a discount off purchase amounts equal to or greater than the amount of the sum of the Promotional Reward Certificate(s) presented for redemption. Promotional Reward Certificates may be used in conjunction with most other discounts or offers but the amount of the Promotional Reward Certificate(s) presented for redemption may not exceed the total purchase amount (before taxes and shipping charges are applied). Promotional Reward Certificates are not transferable and may only be used by the member to whom issued. Promotional Reward Certificates may not be applied to prior purchases, purchases of Columbia Sportswear gift (or e-gift) cards, purchases made for resale, sales tax, shipping and handling costs, or other fees or services. Other exclusions may apply. Unless noted otherwise on the Promotional Reward Certificate, each Promotional Reward Certificate will expire if not redeemed within 180 days from the date it is issued. Promotional Reward Certificates have no cash value, do not constitute the property of the member, and may be used only once. In the event that 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. The Program and these Terms are subject to modification, termination, amendment, or limitation at Columbia’s sole discretion, with or without notice. The number of points required to earn any reward may be increased, any reward may be withdrawn, and restrictions on any reward or its redemption may be imposed at any time.
Points not converted to Promotional Reward Certificates will expire 12 months from the date of issuance. Issuance is defined as the point at which points transfer from “pending” to “posted”. (See the section on “Earn Points” for more details.)
Membership Deactivation, Cancellation, Expiration, and Termination
Program members who make no Qualifying Purchases during any continuous (rolling) 24-month period, will have their membership automatically terminated on the last day of the 24th month of account inactivity and the account will be deactivated.
You may cancel your membership at any time by notifying Columbia Customer Care at 1-(800)-622-6953. Please note that this may take up to 4 weeks to finalize. Upon cancellation your membership will be deactivated.
If your membership is terminated, cancelled, or deactivated, any remaining points and unused Promotional Reward Certificates will be forfeited.
When Qualifying Purchases are returned, points will be deducted from your Greater Rewards point balance in an amount equal to the amount of points earned for the portion of the Qualifying Purchase that is returned. If, at any time, your points balance becomes negative as a result of a returned purchase(s), we reserve the right to immediately cancel any or all outstanding Promotional Reward Certificates issued from your account. We may also terminate your account. Columbia reserves the right to terminate your membership for any reason or no reason at its sole discretion.
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. You may contact us at 1-800-MA-BOYLE (1-800-622-6953) or email us to request to be unsubscribed from all Program e-mail communications, but because e-mail is the primary source of communication for the Program, electing to opt out of all Program e-mail communications will limit your participation and the value of the Program.
You may view your account activity online by logging in to your Greater Rewards account at https://www.columbia.com/rewardsprogram. For information about your Account, contact us at 1–800–MA-BOYLE (1-800-622-6953) or email us.
Columbia is not responsible for communications, including Promotional Reward Certificates, lost due to change of address, change of e-mail address, or other changes in contact information.
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 these Terms, benefits of the Program, conditions of participation in the Program, point levels for rewards, or bonus opportunities, in whole or in part, at any time with or without notice, even though changes may affect the value of the points already accumulated. Changes to these terms will be posted at https://www.columbia.com/rewards-terms-and-conditions.html. By electing to remain a member of the Program, you are accepting the revised Terms.
Columbia reserves the right to make Greater Rewards points and promotional offers available to select members only based on purchase activity, geographic location, Program participation, or information supplied by the member. 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 and/or your Qualifying (or other) Purchases.
Abuse of the Program, including failure to abide by these Terms, the sale or barter (or attempted sale or barter) of Promotional Reward Certificates, product purchased as part of a Qualifying Purchase, points, 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 account and future disqualification from Program participation, forfeiture of all points accrued, cancellation of previously issued but unused Promotional Reward Certificates, and termination of the business relationship with Columbia. Columbia reserves the right to interpret and apply the policies and procedures communicated in these Terms. All determinations by Columbia will be final and conclusive in each case. These Terms supersede all previously published terms and conditions.
The Program 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 its 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.