Gap Inc. Loyalty Rewards Program (Old Navy Navyist Rewards, Banana Republic Rewards, Athleta Rewards, Gap Good Rewards) Terms and Conditions (the “Program”)

Updated: September 2020

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Overview

Upon enrollment in the Program you become a "Member" and will earn points and reward certificates on Qualifying Purchases (defined below) at Gap, GapKids, babyGap, GapBody, Old Navy, Banana Republic, Athleta, Gap Factory, or Banana Republic Factory store locations or online at gap.com, oldnavy.com, bananarepublic.com, athleta.com, gapfactory.com, or bananarepublicfactory.com, in the United States, including Puerto Rico (each of the foregoing in-store and online locations, a “Qualifying Store”). If you choose to apply and are approved for a Gap Inc. credit card and use that credit card as the payment type for purchases, you are subject to the separate Gap Inc. credit card rewards program terms and conditions. The following Program Terms and Conditions (“Terms”) apply if you become a Member and use any accepted payment method other than a Gap Inc. credit card. The credit card rewards program terms and conditions will apply to purchases made with a Gap Inc. credit card.

The following Terms are specific to the Program, and along with the Gap Inc. Terms of Use and Privacy Policy (both of which are incorporated herein by reference), together govern participation in the Program and Gap Inc.’s use of personal information provided under the Program (collectively, these Terms, the Terms of Use, and the Privacy Policy constitute the "Agreement"). Your consent to the Program is subject to these Terms, including the alternative dispute resolution provision found below with its arbitration agreement and jury trial and class action waivers. In the event and to the extent of any conflict between these Terms and the Terms of Use and/or the Privacy Policy, these Terms will govern. Anyone not agreeing with these Terms should not participate in the Program.

Who Is Eligible?

Program enrollment is only open to residents of the U.S., including Puerto Rico, age 16 and older. Employees, officers, directors, agents and representatives of Gap Inc. are eligible to join but may be excluded from certain promotions.

How to Enroll

It is free and optional to become a Member by providing the required information at a Qualifying Store. Upon sign up, you will receive an email confirming your Membership.

Earning Points

Points are earned at the time of a Qualifying Purchase at a Qualifying Store when you provide your phone number associated with your membership, and for online orders when you sign into your online account using the email address tied to your Membership. Only 1 Membership number per transaction can be used to earn points.

You earn 2 points for every net dollar spent (rounded to the nearest whole dollar) on all Qualifying Purchases for personal use including for gift giving, but you will not earn points on purchases for resale, or amounts for sales tax, state fees, packaging fees, shipping & handling or delivery charges, optional charitable donations, and any amount paid for using a purchase order, gift card, merchandise credit, mail certificate, gift certificate, credit voucher, refund check, or any other type of store credit. You will not earn points for the amount of any coupon or discounts, or the value of any Reward Certificates applied to your purchase. You will not earn points on purchases made through any third-party websites or platforms.

When you use a Gap Inc. credit card to pay for your purchase, you will not earn points under the Program. The Gap Inc. credit card program governs the awarding of points for using Gap Inc. credit cards. Points earned under the Gap Inc. credit card program are not combinable with points earned under this separate Gap Inc. Loyalty Rewards Program.

You may see points you receive advertised as “2% back in Rewards”. A maximum of 10,000 points may be earned each calendar month, and 120,000 points may be earned each calendar year in total. Points are initially earned in a pending status, and after approximately 14 days will become active and eligible to convert to reward certificate(s) if you have at least 500 active points. The Program may identify additional opportunities for you to earn points from time to time.

Rewards

Every increment of 500 active points earned will automatically be deducted from the Membership point balance and be converted into a promotional Reward Certificate, denominated in $5 increments from $5 to $50, based on the eligible threshold reached. For example:

Eligible active point balances will be converted into Reward Certificates daily after reaching an eligible conversion threshold. Once points have been converted into a Reward Certificate, they cannot be converted back into points, even if the Reward Certificate is never redeemed or expires

Redeeming Rewards

Rewards Certificates are valid only in the U.S., including Puerto Rico, and can be redeemed at any Qualifying Store for the purchase of merchandise. Not valid at Janie & Jack or Intermix, with the babyGap or SuperBox subscription services, or in any Gap Inc. clearance center. Reward Certificates expire at 11:59 pm ET 6 months from date of issue. Reward Certificates cannot be used for the purchase of gift cards, for taxes or state fees, packaging fees, shipping & handling or delivery charges, donations, and gift wrap charges. One time use only. Reward Certificate has no cash value. Reward Certificate may only be used to purchase merchandise of equal or greater value than the Reward Certificate. Cannot be combined with other offers/discounts, or employee discount. However, Reward Certificates may be used together with other Reward Certificates, including credit card reward certificates, up to a maximum of 3 per in-store transaction and 5 per online transaction. Reward Certificate must be presented at time of purchase in store or enter code at online checkout. The value of Reward Certificate(s) will be prorated across items purchased and reflected on your receipt. If you return merchandise purchased with Reward Certificate(s), and to the extent we can identify the value of the Reward Certificate used in the original purchase, then the dollar value of the Reward Certificate allocated to the item(s) returned will be converted to points and credited to your Membership account. We are not responsible for lost, stolen, or expired Reward Certificates. Cannot be applied to previous purchases or used as payment on a Gap Inc. credit card. Reward Certificates are non-transferrable and not for resale.

General Terms of Program

Limit 1 Program Membership per person, email address and phone number. If there is a dispute regarding ownership of the email address or phone number used to enroll in the Program, the owner will be deemed to be the natural person who is assigned to the submitted email address or phone number by a phone company, an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning phone numbers or email addresses for the domain associated with the submitted email address. Member is responsible for providing correct email address and phone number, as well as updating email address and phone number used in the Program should either change.

The Program sends transactional emails related to Membership including but not limited to the following: welcome email; recurring Membership status statements and/or updates; issuance of Reward Certificates earned; reminder of upcoming expiration of earned Reward Certificates; etc. To not receive these transactional emails, you must cancel your Membership. These transactional emails will be in addition to any brand marketing emails you may have subscribed to receive.

By enrolling in the Program, you will also be signed up to receive marketing emails from the brand in which you initiated enrollment into the Program. To stop receiving marketing emails, click on the self-service unsubscribe link found in the footer of any marketing email, or follow the instructions in the Privacy Policy. This process needs to be completed for each brand’s marketing emails from which you wish to unsubscribe.

To cancel a Membership, please call Customer Service at 1-833-244-5556. Please note that the hours of operation are: Monday – Friday from 9am – 9pm ET and Saturday from 10am – 8pm ET.

You must make at least 1 Qualifying Purchase every 24 months to prevent earned points from expiring. If there is no purchase activity in your Membership account at least once every 24 months, we may close your Membership account.

When you return products, points previously credited for those products at the time of purchase will be deducted from the point balance at the time of return. If your point balance is insufficient to cover a deduction related to a return, your point balance may go into the negative. Subsequent points earned will first be applied to reduce that negative balance. Gap may suspend Membership accounts with a negative balance. If your account is suspended, you may seek re-instatement from Customer Service.

Points and Reward Certificates have no cash value, are for promotional purposes only, expire as indicated, cannot be combined among Members, are not transferable to anyone else or any other Membership in any capacity for any reason, and may only be used by you for your personal use.

If you return merchandise purchased with Reward Certificate(s), the dollar value of the Reward Certificate allocated to the item(s) returned will be converted to points and credited to your Membership account to the extent we can identify that Reward Certificate(s) was used in the original purchase. Returns of gifts you received but which you were not the original purchaser or return of items purchased without noting your Membership will not be tied back to your Membership for return credit of any associated points. In a return transaction where Reward Certificate(s) was used to reduce the total amount paid, you are entitled to a refund for any amount actually paid.

Gap Inc. reserves in its sole discretion the right to remove earned points or issued Reward Certificates from any Membership, as well as prevent from enrolling in, suspend, and/or remove from the Program, any Member for any reason, including suspected re-sellers and/or wholesales, or in the event of any suspected fraud, abuse, or misuse in connection with this Program.

Gap Inc. reserves the right to change, suspend, or terminate the Program or any of its associated Terms (including terms regarding earning points and/or Reward Certificates) at any time and in any manner with or without notice. Any subsequent Terms supersede prior versions. Any unused points or unredeemed Reward Certificates are forfeited if Membership is cancelled, terminated or otherwise closed, or upon Program termination.

PRICING POLICY

The strikethrough or listed price of a product represents a price at which we previously offered the product, or a comparable product, in our stores or online, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price in effect in our stores or online or elsewhere in the market on any particular day or in every location.

NO WARRANTY

Gap Inc., its respective subsidiaries, divisions, and affiliate entities, along with each such company’s 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 to the Program.

RELEASE OF LIABILITY

By agreeing to participate in the Program, you release Gap Inc., its parent and subsidiaries and affiliate entities, and their respective, directors, officers, employees and agents (the “Released Parties”) from all liability with respect to the Program, the use or misuse of points or any Reward Certificate, or the use of any Reward Certificate by an individual other than the Member to whom the Reward Certificate was issued. By participating in the Program, you hereby release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to participation in the Program, use of the Program and its benefits, and/or these Terms.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

Informal Dispute Resolution

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Gap Inc. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute must first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice must be sent:

  1. to Gap Inc. at: Gap Inc. Legal Department, 2 Folsom Street, San Francisco, CA 94105, Attn: General Counsel; or
  2. to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Gap Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Gap Inc. expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to the Gap Inc.: Attn: General Counsel, 2 Folsom St., San Francisco, 94105. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Gap Inc. will reimburse those fees for claims totaling less than $10,000. Gap Inc. waives its right to 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.

In lieu of arbitration, either you or Gap Inc. may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

Waiver of Right to Bring Class Actions and Representative Claims

All arbitrations must proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and will not affect any other customer. You and Gap Inc. agree that each may bring claims against the other in arbitration only in your or Gap Inc.’s respective individual capacities and in so doing you and Gap Inc. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.

Other Terms

This Arbitration Agreement is governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions will survive after this Agreement terminates or your use of the Program ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Termination

With the exception of the Arbitration Agreement, which will survive the termination of these Terms, these Terms are effective unless and until terminated by either you or Gap Inc. You may terminate this Agreement at any time by cancelling your Membership. Gap Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Program, if in Gap Inc.’s sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this Agreement for all purposes.

General

To the extent state law applies to any aspect of this Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the state of your residence (determined by your Membership billing address on file with Gap Inc.) will govern. The waiver of any provision of the Agreement must be made in writing and any such waiver will not be considered a waiver of any other provision or of Gap Inc.'s right to require strict observance of each of the Terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision will be severable, and all other provisions will remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Program.