Gordmans Rewards Program Terms and Conditions

The following sets forth the terms and conditions of the Gordmans, Inc. “gRewards” loyalty program (the “Rewards Program”). As used in these terms and conditions, “Gordmans,” “us” or “we” refer to Gordmans, Inc. By enrolling, participating or otherwise using the Rewards Program, you agree to and accept these terms and conditions. If you do not agree to these terms and conditions you may not participate in the Rewards Program.

I. Rewards Program Eligibility

A. Eligibility. No purchase is necessary to join the Rewards Program. To be eligible to participate in the Rewards Program and become a Rewards Program member (a “Member”), you must (1) be an individual of at least 18 years of age; (2) be a legal resident of the United States, Puerto Rico or Canada; and (3) provide and maintain a valid e-mail and mailing address. Gordmans associates are eligible to participate in the Rewards Program. Businesses, corporations and other entities, whether for-profit, nonprofit, charitable or otherwise, are ineligible for the Rewards Program. Only one (1) Rewards Program membership is allowed per individual, and membership is non-assignable and nontransferable.

B. Application and Enrollment. You may enroll in the Rewards Programs by completing a Rewards Program application and presenting the completed application to a Gordmans cashier or customer service associate or by enrolling online at the Gordmans website. The Rewards Program application is available at participating Gordmans store locations. Gordmans will also automatically enroll existing Gordmans credit card customer or any Gordmans customer that is already enrolled in a Gordmans e-mail, direct-mail, or text promotions and offers programs, subject to these terms and conditions. Guests may opt out of the program at any time. By enrolling in the Rewards Program, you consent to receive e-mail, direct-mail, and a text opt in request, to receive promotions and updates from Gordmans.

II. Earning Rewards Points

A. Qualifying Purchases. Members earn Rewards points by making a “Qualifying Purchase”. Qualifying Purchases include all regular, sale and clearance-priced merchandise purchases made by the Member at a participating Gordmans retail store. All points earned on Qualifying Purchases will be made on the net purchase dollar amount, after any coupons or other discounts are applied. For purposes of earning points, all fractions of dollars will be rounded up to the nearest whole dollar amount (e.g., if the net purchase dollar amount of a Qualifying Purchase is $3.25, the Member will earn 4 points for that Qualifying Purchase, etc.). Gordmans will post all points to your Rewards Program account within a reasonable amount of time following the date of your Qualifying Purchase. No points will be awarded for any local, state or federal tax added to the net purchase dollar amount. Members remain solely responsible and liable for all applicable local, state or federal taxes on Qualifying Purchases or as otherwise earned through the Member’s participation in the Rewards Program.

B. Earning Points. You will earn 1 point for each $1 spent on a Qualifying Purchase and 2 points for each $1 spent on Gordmans credit card Qualifying Purchases. Members that spend $300 or more on Qualifying Purchases in a twelve (12) month period may be eligible for platinum status. As a platinum status Rewards Program Member, you earn points at a 10.0% bonus (i.e., you will earn 1.1 points for each $1 spent on a Qualifying Purchase). Upon achieving a new membership status, the Member will maintain the status for a period of twelve (12) consecutive months. Gordmans, in its sole discretion, may place a Member at a certain membership status for an indefinite period of time if the Member continuously meets eligibility requirements. Gordmans credit card holders enrolled in the Rewards Program may be eligible to earn points faster and may participate in exclusive Rewards Program events including, but not limited to, triple point days.

C. Special Offers and Bonus Points. During select promotional periods or for select Member levels, Members may qualify to earn bonus points on Qualifying Purchases. Any special offer or select promotional period will be set by Gordmans in its sole discretion, and all other terms and conditions of the Rewards Program apply. Gordmans reserves the right to limit any special offer or select promotional period by store and by Member. All special offers or bonus point promotions are subject to change without notice.

D. Rewards Points Limitations and Exclusions.

  1. 1. Any purchase or portion of a purchase that is paid for with a Rewards certificate is ineligible for Rewards points. In addition, no points are offered or earned for the purchase of a Gordmans gift card or for any purchase made by a business, corporate or reseller account. You may earn points for Qualifying Purchases for which you use a valid gift card or merchandise credit as the sole or partial method of payment. Gordmans reserves the right to remove any points from a Member’s account in the event it determines, in its sole discretion, that a Member earned points through any of these exclusions or for any other reason.

  2. 2. In the event you return merchandise for which you previously earned points as a Qualifying Purchase, the point value of the returned merchandise (on which points were earned at the time of purchase) will be deducted from the total available points in the Member’s account.

  3. 3. If a Member does not make a Qualifying Purchase in the preceding twelve (12) month period, Gordmans reserves the right to expire all of Member’s points in his/her account. In the event a Member voluntarily ends participation in the Rewards Program, all points that do not qualify for conversion into Reward certificates at the time of termination will be forfeited.

  4. 4. Rewards points are not legal tender, have no cash or other monetary value, are non-negotiable, are not redeemable for cash, and are nonrefundable. Members do not acquire, and Gordmans retains, all right, title and interest, including any property rights, to the points. Points are non-assignable and nontransferable.

III. Rewards Benefits and Certificates

A. Earning Benefits and Certificates. Members may earn Rewards Program benefits at every 200 points accumulated on Qualifying Purchases (or at every 100 points at participating stores). Benefits may include certificates (“Rewards Certificates”) or other special offers which shall be determined by Gordmans in its sole discretion.

B. Using Rewards Certificates. All Rewards Certificates earned by the Member will be e-mailed to the Member’s email address currently on file with Gordmans, mailed to the member’s mailing address on file with Gordmans, and or sent via text to the member’s mobile phone # on file with Gordmans. Members are solely responsible for notifying Gordmans of any e-mail, mailing address changes as well as any mobile phone # changes. Rewards Certificates may only be used once toward a qualifying merchandise purchase at a participating Gordmans store or online at gordmans.com. Rewards Certificates may be combined with other Reward Certificates, cash, credit, other method of payment or other valid Gordmans offers. Member’s use of each Rewards certificate is also subject to the specific terms appearing on the certificate, as well as Gordmans’ normal terms, general policies, regulations and conditions established for redeeming any kind of certificate, coupon or other discount.

C. Limitations. Members will not receive cash back on any unused Rewards Certificate amounts. The entire Rewards Certificate must be redeemed on one purchase at one time and any resulting unused portion will be automatically forfeited. Rewards Certificates will expire sixty (60) days from date of issue and will not be replaced if lost or stolen.

D. Prohibited Acts. Mechanical reproductions, copies or facsimiles of Rewards Certificates or other Rewards Program coupons will not be accepted. Rewards Certificates or other Reward Program coupons may not be brokered, bartered, sold or altered in any way. Any person or entity selling, purchasing, bartering or altering Rewards Certificates or coupons, either in whole or in part, will be liable for payment of the applicable full retail price of any goods or services obtained with them. Gordmans reserves all rights against any party or parties for any abuse or misuse of the Rewards Program and may seek damages from such party or parties including, but not limited to, direct and consequential damages, litigation costs (including attorneys’ fees and costs) and/or other transactional costs. In some jurisdictions, abuse of the Rewards Program may be considered fraudulent use and may be subject to criminal prosecution. Any brokered, bartered, sold, altered or purchased Reward Certificates or coupons are void and may be confiscated either by, or upon the direction of, Gordmans.

IV. Additional Terms

A. Privacy Policy. Any personal information you provide to Gordmans, either through the Rewards Program or otherwise, is subject to our privacy policy. You may opt out from our sharing of certain information with affiliates by following the opt-out procedures in the privacy policy.

B. Rewards Program Changes. Gordmans may, at any time, and in its sole discretion, terminate the Rewards Program or alter, limit, modify or change the Rewards Program terms and conditions, including Rewards Program benefits, even though such changes may affect the accrual and/or value of points, whether earned or prospective, and without notice or further obligation to Members. In addition, any violation, abuse or misuse of the Rewards Program or any of the other Rewards Program terms and conditions, as determined by Gordmans in its sole discretion, is grounds for termination of a Member’s Rewards Program eligibility and the nullification of points, unused Reward Certificates or other coupons. You may terminate your enrollment in the Rewards Program at any time by contacting Gordmans Operations Center at 1.855.290.6454 or via email at gRewards@gordmans.com.

C. Lost or Stolen Member Card. The gRewards program is now a cardless program and therefore lost or stolen cards will not be reissued. Gordmans will not replace any lost or stolen Rewards Certificates.

D. Limitation of Liability. GORDMANS, INC. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING FROM THESE TERMS AND CONDITIONS, THE REWARDS PROGRAM, INCLUDING YOUR MEMBERSHIP IN THE PROGRAM, OR ANY PRODUCTS OR SERVICES RELATED TO THE REWARDS PROGRAM. BY ENROLLING, PARTICIPATING OR OTHERWISE USING THE REWARDS PROGRAM, YOU HEREBY AGREE TO RELEASE GORDMANS, INC. AND ITS AFFILIATES, INCLUDING ALL OF THEIR ASSOCIATES, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR LIABILITIES UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES, INCLUDING DIRECT OR ACTUAL DAMAGES, LOST PROFITS, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER RELATED FEES OR EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO THESE TERMS AND CONDITIONS, YOUR MEMBERSHIP IN THE REWARDS PROGRAM OR YOUR USE OF THE REWARDS PROGRAM BENEFITS INCLUDING REWARDS CERTIFICATES.

E. Compliance. These terms and conditions are subject to any other applicable Gordmans policies. Gordmans reserves the right to update, modify, change or amend its policies from time to time without notice to you. Gordmans will post any new or revised policies at a participating Gordmans store or on its website www.gordmans.com. By continuing to participate in the Rewards Program, you hereby agree to accept and comply with all present and future Gordmans policies.

F. Choice of Law and Venue. These terms and conditions are construed and enforced in accordance with the laws of the State of Nebraska without regard to its conflict-of-law provisions. You agree and submit to the state or federal courts located within Douglas County, Nebraska as the exclusive forum and venue for any dispute, action or suit arising from the Rewards Program. You hereby acknowledge and agree that you will not raise, and hereby waive, any defenses based upon venue, inconvenience of forum or lack of personal jurisdiction in any action brought in accordance with this provision.