Use of the GUESS List Loyalty Card constitutes acceptance of the following terms and conditions and all future Program rules (this "Agreement") by each GUESS List Loyalty Program Member ("Member"):

1. BENEFITS. The GUESS List Loyalty Program (the "Program") provides GUESS and GUESS by Marciano customers with the following benefits subject to the terms and conditions contained in this Agreement (collectively, the "Benefits"):

(a) Shop at participating GUESS, GUESS Accessory or GUESS by Marciano store location in the United States (including Puerto Rico) and Canada or online at www.guess.com, www.GUESS.ca, www.GUESSbyMarciano.com or www.GUESSbyMarciano.ca ("Participating Stores"), present your GUESS List Loyalty Card prior to checkout (or enter your Loyalty Card number where indicated for online purchases) and receive one (1) point for nearly every dollar you spend on Qualifying Purchases (each a "Point"). GUESS and GUESS by Marciano stores located at outlet centers, G by GUESS and GUESS Factory stores are excluded from the GUESS List Loyalty Program.

(b) For every 200 Points you earn you will receive a $10 Award applicable towards your next purchase at a Participating Store (each an "Award"). Awards issued will expire automatically after 60 days.

(c) In addition, as you use your GUESS List Loyalty Card, you may be eligible to receive special discounts, earn double points or participate in other exciting GUESS promotions including in-store events, fashion shows, exclusive parties and store openings.

2. ENROLLMENT.

(a) No purchase is necessary to become a Member. To apply, you must either (1) visit a Participating Store and provide your full name, a valid e-mail address and your current zip code to receive your GUESS List Loyalty Card and then go online to www.guess.com or www.GUESS.ca to complete additional enrollment information or (2) simply apply online at www.guess.com or www.GUESS.ca, and provide the information above plus your complete mailing address so your GUESS List Loyalty Card can be mailed to you. You must provide a valid e-mail address to be eligible to receive any Benefits associated with the Program.

(b) Enrollment begins upon activation in store or online, on the date of enrollment, but you can opt out of the Program at any time as more fully set forth in Section 8 below.

(c) Member must be a legal resident of the United States, Puerto Rico or Canada and 13 years of age or older to participate in the Program. The sponsors of the Program are GUESS?, Inc. and GUESS? Canada Corporation (collectively, "GUESS"). Employees of GUESS, its subsidiaries and affiliates, and their immediate families, and others who are eligible for employee-based discounts, or members of any corporate or wholesale account of GUESS are not eligible for Membership in the Program and Program Benefits may not be applied towards transactions by such individuals. GUESS reserves the right in its sole discretion to accept or deny any membership request in the Program.

3. GENERAL TERMS AND CONDITIONS.

(a) GUESS List Loyalty Membership is not transferable and may only be used by an individual Member for the Member's personal benefit. Member Benefits cannot be combined with Benefits accrued by another Member. GUESS may request proper identification with regard to Program transactions. Member Benefits will not be applied retroactively to any purchases. Other exclusions may apply.

(b) GUESS is not responsible for lost or stolen membership cards. GUESS may, in its sole discretion, permit replacement cards to be issued and any remaining points at the time GUESS issues the replacement card may be transferred. If GUESS agrees to issue a replacement card to the Member, GUESS assumes no responsibility for replacing any points or Awards accrued prior to the date GUESS is notified in writing of the Member's loss.

(c) Member agrees that the Program and any Benefits related thereto do not create any property rights whatsoever in favor of Member.

(d) Member shall be responsible for maintaining accurate and updated personal information with the GUESS List Loyalty Membership Program Department. Members may update their personal information online at www.guess.com and www.GUESS.ca or at any Participating Store. GUESS is not responsible for Awards or other Benefits that are not received as a result of loss or Member's failure to update Member's personal information.

(e) GUESS, the GUESS logos, the GUESS List Loyalty Program and other logos and taglines are the intellectual property of GUESS?, Inc., licensed to others under controlled conditions.

(f) Membership rules are void where and to the extent prohibited by law. Taxes may apply where required by law.

4. POINTS AND AWARDS ACCRUAL.

(a) Points accrual will be calculated based on Member's Qualifying Purchases. "Qualifying Purchases" are purchases made at Participating Locations, excluding purchases of gift cards and certain merchandise items that are excluded in particular promotions and shall be calculated based on the final sale price of merchandise after any applicable discounts and coupons are applied (including Awards redeemed) and before sales tax and shipping and handling (if applicable) is added. Points shall be calculated based on the final sale price in the local currency. Other exclusions may apply. Earn additional Points through special offers and promotions.

(b) Points will post to your account within 30 days of in-store purchase, date of on-line purchase or date of shipment. No adjustments to your account ("Account") will be made after the actual purchase date except as indicated below.

(c) Points apply only to the first GUESS List Loyalty Card scanned in connection with any purchase.

(d) Points earned from a Qualifying Purchase shall be deducted from Member's account if the Qualifying Purchase is returned or exchanged.

(e) Points shall expire automatically 6 months after accrual. Points have no cash value and may not be redeemed for partial Awards, merchandise or any other value.

(f) Once Member accrues 200 Points, those Points will be automatically deducted from Member's Account and an Award in the amount of $10 shall be issued to Member's GUESS List Loyalty Card. Awards will be issued to your GUESS List Loyalty Card approximately 72 hours after reaching the appropriate Points accrual level. All Awards shall be issued in local currency, if you use your Award in a foreign country, the applicable exchange rate value of your Award shall apply to your purchase.

(g) GUESS may adjust the number of Points required to be eligible for an Award or the Award amount to be issued, at any time, in its sole discretion, with or without notice.

(h) Awards are coupons for discounts off future purchases and may only be redeemed for a discount off purchase amounts equal to or greater than the amount of the sum of the Awards presented for redemption at Participating Stores, excluding tax. Awards shall not be refunded if you return or exchange merchandise purchased using an Award coupon. Points earned towards such Award shall not be reinstated to your account.

(i) Any unused Points and Awards shall be forfeited if Member's membership in the Program is cancelled for any reason.

5. AWARDS REDEMPTION.

(a) Awards are redeemable at Participating Stores for future purchases of any eligible merchandise available at Participating Stores only and cannot be used towards the purchase of gift cards or certain other merchandise. You may be notified of additional ineligible merchandise. Awards have no cash value, are non-transferable, are not applicable to prior purchases or exchange transactions, and no change will be given for Award redemptions. Awards may only be used once. Other restrictions may apply.

(b) Awards may be combined with other Awards issued to Member and may be used in conjunction with most other discounts (excluding employee discounts), promotions or offers towards the purchase of merchandise not to exceed the purchase amount at Participating Stores only.

(c) Unless otherwise indicated, each Award will expire and are forfeited if not redeemed within 60 days from the date it is issued.

6. PARTICIPATING STORES. The GUESS List Loyalty Card is accepted at most GUESS, GUESS Accessory and GUESS by Marciano stores located in the United States (including Puerto Rico) and Canada and online at www.guess.com, www.GUESS.ca, www.GUESSbyMarciano.com, and www.GUESSbyMarciano.ca. The GUESS List Loyalty Card is not accepted at outlet centers, any international locations, G by GUESS stores, GUESS Factory stores, certain GUESS, GUESS Accessory and GUESS by Marciano stores as may be determined by GUESS from time to time or any other location carrying GUESS products within the United States, Puerto Rico or Canada, for telephone orders at any Participating Store, or through third-party online websites.

7. MEMBER PRIVACY. By becoming a Member of the Program, you agree to receive advertising, marketing materials and other communications from GUESS and its affiliates. The information we collect will be used to help us provide a more personalized shopping experience and personalized discounts applicable to purchases at Participating Stores. The personal information you provide as a Member of the Program will be handled and retained in accordance with the GUESS privacy policy located at www.guess.com or www.GUESS.ca.

8. MODIFICATION AND TERMINATION. GUESS may terminate or modify the Program and/or these terms and conditions from time to time without notice and without any further obligations to Members. Updates shall be effective on the date they are posted on the websites below; continued use of Member's membership card after such date constitutes acceptance of all such changes. The most recent terms and conditions of the Program can be found at www.guess.com or www.GUESS.ca.

GUESS may also terminate the Program at any time through written notice sent to Member via e-mail (Members without valid e-mails will be notified the next time their card is presented at a Participating Location). Upon termination of the Program, Member shall forfeit all unredeemed Points earned as of the termination date but any Awards issued shall remain in full force through their individual expiration dates. Member may choose to opt out of the Program at any time by providing notice by mail or e-mail; however, all Awards and Points shall be forfeited at such time. Cancellation may take from 6 to 8 weeks to finalize. GUESS reserves the right to terminate your Membership at any time in its sole discretion.

All correspondence for the GUESS List Loyalty Card should be addressed to:

(GUESS List Loyalty Card Program
Attn: Customer Service
10610 Freeport Drive
Louisville, KY 40258

9. GOVERNING LAW AND ARBITRATION.

BINDING ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER

Any dispute, claim, or controversy arising from or relating to this Agreement or Member's Membership will be resolved by binding arbitration, rather than in court (i.e., you are waiving your right to sue in court), except that you may assert claims in small claims court if your claims qualify.  Disputes subject to arbitration include without limitation disputes arising out of or relating to interpretation or application of this dispute resolution provision.  The Federal Arbitration Act and federal arbitration law apply to this dispute resolution agreement.

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 this Agreement as a court would. 

The arbitration will be conducted by JAMS, Inc. under its rules by a single arbitrator experienced in commercial disputes.  The JAMS’s rules are available at www.jamsadr.org or by calling 1-800-352-5267.  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.  The arbitrator shall issue a written award setting forth the arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it.  The arbitrator’s award may be entered in any court of competent jurisdiction. 

Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’s rules.  However, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith [a] we will reimburse those fees for claims totaling less than $10,000, and [b] in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GUESS will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration.  Likewise, GUESS will not seek attorneys’ fees and costs in arbitration unless permitted by law and the arbitrator determines the claim(s) asserted against GUESS are frivolous or brought in bad faith.

You and Guess each agree that any dispute resolution proceeding SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.  Notwithstanding any provision in this Agreement to the contrary, if the class, consolidated, and representative action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor GUESS are entitled to arbitration. 

This Agreement is governed by the laws of the State of California without regard to conflict of law principles.  If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent subject matter jurisdiction – whether federal or state – within the Central or Southern Districts of California or, if applicable, state courts for the counties within those two federal districts.

Notwithstanding any other provision in this Agreement to the contrary, to the extent GUESS makes a material change to this dispute resolution provision, such change will not apply to any dispute that you provided Guess notice of prior to the change in the dispute resolution provision.

To provide us notice of an arbitration demand, send the demand to our registered agent: Guess?, Inc., c/o CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833.

10. NO WARRANTY. GUESS AND ITS AFFILIATE ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS 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 OR ANY PRODUCTS OR SERVICES RELATED THERETO AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES.

NJ Residents: the Disclaimer section of this Agreement is inapplicable to you.  

11. RELEASE OF LIABILITY. MEMBER HEREBY RELEASES GUESS AND ITS AFFILIATE ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM OR RELATING TO THE PROGRAM, MEMBER'S MEMBERSHIP IN THE PROGRAM OR THIS AGREEMENT.

NJ Residents: the Disclaimer section of this Agreement is inapplicable to you.  

Copyright 2009 Guess?, Inc.
Last revision 7/28/2016

 - BINDING ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER

Any dispute, claim, or controversy arising from or relating to this Agreement or Member's Membership will be resolved by binding arbitration, rather than in court (i.e., you are waiving your right to sue in court), except that you may assert claims in small claims court if your claims qualify.  Disputes subject to arbitration include without limitation disputes arising out of or relating to interpretation or application of this dispute resolution provision.  The Federal Arbitration Act and federal arbitration law apply to this dispute resolution agreement.

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 this Agreement as a court would. 

 

The arbitration will be conducted by JAMS, Inc. under its rules by a single arbitrator experienced in commercial disputes.  The JAMS’s rules are available at www.jamsadr.org or by calling 1-800-352-5267.  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.  The arbitrator shall issue a written award setting forth the arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it.  The arbitrator’s award may be entered in any court of competent jurisdiction. 

Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’s rules.  However, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith [a] we will reimburse those fees for claims totaling less than $10,000, and [b] in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GUESS will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration.  Likewise, GUESS will not seek attorneys’ fees and costs in arbitration unless permitted by law and the arbitrator determines the claim(s) asserted against GUESS are frivolous or brought in bad faith.

You and Guess each agree that any dispute resolution proceeding SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.  Notwithstanding any provision in this Agreement to the contrary, if the class, consolidated, and representative action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor GUESS are entitled to arbitration. 

This Agreement is governed by the laws of the State of California without regard to conflict of law principles.  If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent subject matter jurisdiction – whether federal or state – within the Central or Southern Districts of California or, if applicable, state courts for the counties within those two federal districts.

 

Notwithstanding any other provision in this Agreement to the contrary, to the extent GUESS makes a material change to this dispute resolution provision, such change will not apply to any dispute that you provided Guess notice of prior to the change in the dispute resolution provision.

 

To provide us notice of an arbitration demand, send the demand to our registered agent: Guess?, Inc., c/o CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833.