Payless Rewards™ Terms & Conditions
Revised March 1, 2013
These Payless Rewards Terms and Conditions are subject to change without advance notice. Payless ShoeSource, Inc. may at any time, terminate or modify the Payless Rewards Program at its discretion by posting the changes at payless.com/rewards.
I. General and Enrollment Information
- The Payless Rewards Program ("Payless Rewards" or the "Program") is sponsored by Payless ShoeSource, Inc. ("Payless"). Payless Rewards membership is open to legal residents of the United States who are 18 years of age or older, excluding employees of Payless ShoeSource, Inc., its affiliates and their immediate family who live in the same household ("Eligible Customer"). By becoming a Payless Rewards member (a "Member" or "you") and participating in the Program, you (i) represent that you are an Eligible Customer and (ii) accept these Program Terms and Conditions (the "Terms"). Your membership is non-transferable and is subject to present and future Program Terms. Payless reserves the right limit the number of Members in geographic locations in the Program. These Terms are void where and to the extent prohibited by law.
- By enrolling or registering in the Program, you agree to receive promotional offers and updates by e-mail, postal mail, telephone, telephone text message or through a mobile application from Payless, its affiliates and licensees. Members may unsubscribe from Payless promotional offers at any time via the unsubscribe link in those emails or online at Payless.com. Unsubscribing from Payless promotional emails or telephone text messages may terminate a Member's participation in the Program.
- Payless reserves the right to revoke a Member's participation in Payless Rewards at anytime.
III. Benefits: Payless Rewards and Free Shipping on Qualifying Orders
- Members earn free regular shipping within the 48 continguous United States (add $10 surcharge for AK & HI) on orders of $50 or more for products purchased on Payless.com, excluding gift cards, dollars spent on sales tax, state fees, or shipping charges or rebates. Full shipping will apply for upgraded shipping methods.
IV. Payless Rewards Coupons
- Periodically, Members will receive discounts ("Rewards Coupon") towards future purchases. These Rewards Coupons will be delivered by U.S. Mail to the Member's mailing address, e-mailed, or sent by telephone text message to the account on file. Rewards Coupons are valid through the expiration indicated on the Rewards Coupon. Members must maintain an accurate mailing address, e-mail address and telephone number with Payless. Payless is not responsible for late, misdirected, misdelivered, or undelivered mail or for incorrect addresses and other contact information on file.
- Rewards Coupons are good for one (1) time use only at Payless retail stores (except retail stores in Shopko® locations) or Payless.com. Rewards Coupons must be surrendered at the time of redemption and are not transferrable.
- Rewards Coupons may be used in conjunction with other Program benefits (e.g. free shipping), however only one (1) coupon may be used per transaction. Rewards Coupons are not valid with other Payless coupons, certificates, employee discounts, or other discounts and offers. No photocopies or facsimiles of Rewards Coupons will be accepted. Lost, stolen, or expired Payless Rewards Coupons will not be replaced.
- Rewards Coupons are not valid on prior purchases or Payless Gift Cards. See Rewards Coupon for other specific exclusions and other limitations. Rewards Coupons are not redeemable for cash and no change/currency will be given for Rewards Coupon redemption. Members may be notified of additional ineligible products and services.
V. Additional Terms
- The Program is void where prohibited by law.
- Payless Rewards membership and its benefits are offered at the discretion of Payless. Payless reserves the right, without limitation, to terminate, change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time, with or without notice, even though such changes may affect the value of benefits in Payless Rewards. You waive any right you may have to receive specific notice of such changes, and your continued participation in the Program will constitute your acceptance. You should therefore periodically visit this page to review the then-current Terms to which you are bound.
- Payless reserves the right to interpret and apply the policies and procedures communicated in these Terms in its sole discretion, subject to applicable law. All determinations by Payless will be final and conclusive in each case. These Terms supersede all previously published Terms in their entirety.
- Abuse of the Rewards Program, including failure to follow Program policies and procedures, the sale or barter of Rewards Coupons, products or promotional offers, and any misrepresentation of fact relating thereto or other improper conduct as determined by Payless in its sole judgment may result in cancellation of a Member's account and future disqualification from Program participation and cancellation of previously issued but unused Rewards Coupons. Payless in its discretion, may prosecute abuse of the Program to the fullest extent of the law.
- Payless reserves the right, at its sole discretion, to adjust account status due to computer error, machine malfunction, employee, customer or other error, fraud or other misuse of the Program.
- Rewards Coupons are not transferable and may not be combined among Members or conveyed by any means to anyone.
- Payless reserves the right to make other promotional offers available to select Members based on purchase activity, geographic location, Program participation, and/or information supplied by the Member.
- Payless, its subsidiaries and affiliate entities, and their respective officers, directors, employees, and agents (the "Released Parties") make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program, membership in the Program, or any products related to the Program.
- By participating in the Program, each Member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney's fees) relating to that Member's participation in the Program, use of Rewards Coupons, or agreement to these Terms.
- The Payless logo, PaylessPayless Rewards logo, and other logos and taglines are the intellectual property of Payless and you cannot use Payless's intellectual property.
VI. Informal Dispute Resolution-Mandatory Arbitration
Informal Claim Resolution. In order to expedite and control the cost of disputes, you agree that any legal or equitable claim will be resolved as follows by informal resolution followed by mandatory arbitration. To initiate an informal resolution to a claim, you must send a notice by first class United States mail to Payless ShoeSource, Inc., ATTN: General Counsel "Payless Rewards Informal Claim Resolution", 3231 SE 6th Avenue, Topeka, KS 66607. Neither you nor Payless may start a mandatory arbitration for at least 60 days after notification of a claim in writing. If Payless initiates a claim, Payless will send notice to the address on file.
(1) Payless and you agree to arbitrate all disputes and claims between us arising out of the Program. This agreement to arbitrate is intended to be broadly interpreted to include any and all claims in any way related to the Program and includes any claims against Payless as well as its corporate parents, subsidiaries or affiliates.
(2) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association and will be administered by the AAA. At your request we will pay for the AAA filing fee. (The filing fee currently is $125 for claims under $10,000, but is subject to change by the arbitration provider.) Notwithstanding the foregoing, either party may bring an individual action in Small Claims Court.
(3) The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. All issues are for the arbitrator to decide, including the scope of this arbitration provision, but the arbitrator is bound by the terms of this agreement. Any arbitration hearings will take place in the county (or parish) of your residence. The AAA rules are available on line at www.adr.org or by calling the AAA at 1-800-778-7879. Any notice of arbitration shall be sent to: General Counsel, Payless ShoeSource, Inc., 3231 SE 6th Avenue, Topeka, KS 66607. If this arbitration agreement is deemed unenforceable then individual claims shall be brought either in the United States District Court in Topeka, Kansas or the state courts in Shawnee County, Kansas.
(4) CLASS ACTION WAIVER. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND PAYLESS AGREE EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Payless agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If any provision in this class action waiver is deemed unenforceable individual claims will still be subject to arbitration and any purported class action shall be brought in the United States District Court in Topeka, Kansas.
(5) IN BECOMING A MEMBER OF THE PROGRAM NEITHER YOU NOR WE HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT (EXCEPT AS SPECIFICALLY SET FORTH IN PARAGRAPH (2) ABOVE) ARISING OUT OF OR RELATED TO THE PROGRAM, OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IF WE WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
(6) Notwithstanding any provision in this agreement to the contrary, we agree that if Payless makes any change to this arbitration and/or class action waiver (other than a change to the Notice Address) during your membership in the Program you may reject any such change and require Payless to adhere to the language in this provision if a dispute between us arises.