Terms & Conditions - Effective July 22, 2019
If you are a Kohl’s Charge customer, you authorize Capital One, N.A. and Kohl’s Department Stores, Inc. and its affiliates (“Kohl’s,” “us” or “our”), to exchange information about your account(s) and you, so that you can receive the benefits of the Kohl’s Rewards program, and so that Kohl’s can inform you of additional information, offers and opportunities.
I. INTRODUCING KOHL’S REWARDS. The Kohl’s Rewards Program (“Program”) is a rewards program offered by Kohl’s Department Stores, Inc. and its affiliates (“
Kohl’s”, “us” or “our”) to certain customers located in select pilot markets (“Pilot Markets”) in the United States. The Program is operated exclusively in Pilot Markets and is generally unavailable to customers residing in non-Pilot Markets. This Member Agreement, as well as all additional policies, terms and conditions referenced and incorporated throughout, all of which may be amended from time-to-time (collectively, the “Terms”), contain information about the relationship between you and Kohl’s with respect to the Program and apply to you if: (1) you were enrolled in Kohl’s Yes2You Rewards program or the prior pilot version of the Kohl’s Rewards Program (the “Prior Program”) on or before July 22, 2019 and reside in a Pilot Market; (2) you enrolled in the Program while shopping in one of our stores within a Pilot Market or through the Kohl’s Rewards digital platform; or (3) you have otherwise been informed that you have been enrolled in the Program.
II. GENERAL. By enrolling in, or otherwise participating in, the Program, you acknowledge that you have read, understood and unconditionally accept to be bound by the Terms. Kohl’s reserves the right to modify these Terms, without further notice or compensation to you, and you waive any right to receive specific individual notice of such modifications. Any updates to these Terms will be effective immediately upon posting at Kohls.com/KohlsRewardsTerms, and your continued participation in the Program constitutes your acceptance to such modifications. These Terms constitute a legally binding agreement between Kohl’s and each individual who enrolls or otherwise participates in the Program. Accordingly, you expressly represent and warrant that you are eligible for the Program (as described below) and will otherwise comply with these Terms. If you do not agree to all of the Terms now or at any point in the future and/or you become ineligible for the Program (please see Section III below), please contact Kohl’s Rewards Customer Service at 1-844-564-5704 or email KohlsRewards@kohls.com to un-enroll. The Program is separate from, and not affiliated with, the Kohl’s Charge program.
III. ELIGIBILITY. The Program is open to individual U.S. residents (excluding Guam, Puerto Rico, U.S. Virgin Islands and territories) of at least 13 years of age. If you are between 13 and the age of majority, you represent and warrant that you have obtained permission from your parent or legal guardian to be a member of the Program, and you expressly acknowledge that you may not be eligible for all Program benefits. Program membership is available only to natural persons and the following are ineligible: corporations, businesses, non-profit organizations, governmental agencies or other entities. Because Kohl’s is a retailer and does not sell to individuals or dealers for the purpose of resale to others, resellers are also expressly excluded from the Program.
i. Eligible customers who enroll in the Program (referred to herein as “Member(s)” or “Kohl’s Reward Members”) will each be assigned a unique rewards identifier (“Kohl’s Rewards Identification Number”) which will be associated with his or her membership account (“Kohl’s Rewards Account”).
ii. Each Member may only have one Kohl’s Rewards Account.
iii. Your membership is nontransferable.
iv. No purchase is required to become a Member.
i. Enrollment Channels: Starting on or about July 22, 2019, eligible customers may enroll in the Program through Kohl’s Rewards digital platform at Kohls.com/KohlsRewards or by completing a Kohl’s Rewards application at any participating Kohl’s store. Please note that certain enrollment channels may not be available as Kohl’s initially transitions to Kohl’s Rewards from the Kohl’s Yes2You Rewards program.
ii. Auto-Enrollment of Certain Persons into the Program: You will be auto-enrolled into the Program on or around July 22, 2019 if you reside in a Pilot Market and you are enrolled in Kohl’s Yes2You Rewards program or the Prior Program. Additionally, individuals who move into a Pilot Market after July 22, 2019 and update their billing address in their Yes2You profile or Kohls.com profile may be auto-enrolled in to the Program. Those customers who are auto-enrolled into the Program may un-enroll from the Program by contacting Kohl’s Rewards Customer Service at 1-844-564-5704 or emailing KohlsRewards@kohls.com.
iii. Enrollment Process: For customers who are not automatically enrolled in Kohl’s Rewards, you may enroll through one of the channels described above. At the time of enrollment, you may need to provide certain information as requested, including without limitation, your name, phone number and email address, as well as the zip code corresponding to your U.S. residence mailing address, in order to successfully enroll in the Program. You will also be asked to confirm your agreement to these Terms.
iv. Kohl’s Rewards Identification Number: Upon enrollment, you will be issued a digital membership card (available in the digital wallet feature on the Kohl’s App or when you access your Kohl’s Rewards Account on Kohls.com/KohlsRewards), which will include your Kohl’s Rewards Identification Number. If you were already enrolled in the Prior Program or Kohl’s Yes2You Rewards program, your digital membership card and Kohl’s Rewards Identification Number will continue to be effective. If you are already a Kohl’s Charge Card holder (“Kohl’s Card Holder”), then under certain circumstances Kohl’s may link your Kohl’s Rewards Account to your Kohl’s Charge Card Account. If your Kohl’s Charge Card Account already has a Kohl’s Rewards Account linked to it, your Kohl’s Rewards Account will remain separate from your Kohl’s Charge Card Account.
V. KOHL’S CASH COUPON.
a. Kohl’s Rewards Every Day Earn. As a Member, you have the opportunity every day to earn Kohl’s Rewards on all Qualifying Purchases (defined below) made in store or online (“Every Day Kohl’s Rewards”) as long as you identify yourself as a Member (either by presenting your digital membership card; logging into your linked Kohl’s Rewards Account on Kohls.com or the Kohl’s App; presenting or using your linked Kohl’s Charge Card (for those Kohl’s Card Holders enrolled in the Program); or providing your phone number, email address, or Kohl’s Rewards Identification Number to the Kohl’s associate at the time of check-out in store).
i. Qualifying Purchases: Qualifying purchases are calculated after all discounts are applied, before shipping, fees or tax is imposed, and do not include the purchase of gift cards (“Qualifying Purchase(s)”).
ii. Kohl’s Rewards Members Earn Rate: Members, will earn Kohl’s Rewards at a rate of 5% of Qualifying Purchases every day.
iii. Kohl’s Cash Coupons Issued or Balance Carry-Forward: When the Kohl’s Rewards balance tied to a customer’s Kohl’s Rewards Account is equal to or exceeds $5 as of the last day of the month, then a digital Kohl’s Cash coupon will be activated and issued in $5 increments on the first day of the following month (“Active Every Day Kohl’s Cash”). Each Kohl’s Cash coupon shall expire 30 days after issuance and may be redeemed only prior to its expiration. Any remaining Kohl’s Rewards balance that does not meet the $5 activation threshold (after the Active Every Day Kohl’s Cash coupon has been issued) will carry-forward to be saved in your “Kohl’s Rewards Balance” and stored for future use. The Kohl’s Rewards Balance is made available by logging into your Kohl’s Rewards Account on Kohls.com or within your digital wallet in the Kohl’s App. A Kohl’s Rewards balance in your Kohl’s Rewards Balance that remains less than $5 (such that a Kohl’s Cash coupon is never activated and issued) will automatically expire twelve (12) months after it is earned.
b. Event Kohl’s Cash. From time to time, Kohl’s will have Kohl’s Cash promotional events (“Earn Events”) during which all Kohl’s customers, including Members and non-Members, are eligible to earn $10 in Kohl’s Cash for every $50 spent on Qualifying Purchases made in a single transaction during the stated Event window (“Event Kohl’s Cash”). Event Kohl’s Cash will be earned in addition to the Every Day Kohl’s Rewards that Members earn on Qualified Purchases. Each time an Event Kohl’s Cash coupon is issued, the value of the coupon will only reflect Event Kohl’s Cash.
c. Kohl’s Cash Redemption. Each activated and issued Kohl’s Cash coupon can be redeemed only during its stated redemption window. Redemption windows for Active Every Day Kohl’s Cash will be 30 days from issuance of the Active Every Day Kohl’s Cash coupon. All activated Kohl’s Cash that is unused during its stated redemption window will expire after that redemption window. The redemption window for your Kohl’s Cash and other coupon details may be found on the back of the coupon and online. Kohl’s Cash® coupons and other dollar-off discounts will be applied prior to percent-off total purchase discounts/coupons. Kohl’s Cash® may not be redeemed (1) to purchase Kohl’s Cares® cause merchandise or other charitable items; (2) to purchase Gift Cards; (3) as price adjustments on prior purchases; (4) to reduce a Kohl’s Charge or any third-party charge account balance; or (5) to pay for any services or fees, including taxes and shipping. If merchandise purchased earning a Kohl’s Cash® coupon is subsequently returned or price adjusted, the value of the Kohl’s Cash® previously earned and/or the amount of the merchandise refund will be reduced to reflect any unearned value. Return value of merchandise purchased with a Kohl’s Cash® coupon may be subject to adjustment. Coupon is nontransferable. Kohl’s Cash coupon terms are set forth on the coupon and are subject to change at any time.
VI. OTHER PROGRAM FEATURES & BENEFITS.
a. Offers: Members will receive several special offers throughout a twelve (12)-month period. Offers may include, but are not limited to, percent-off and dollar-off coupons. The number and type of offers may vary depending upon whether you are a Kohl’s Card Holder and your status as a Kohl’s Card Holder and the offers may be personalized based upon your shopping behavior, preferences and interactions with Kohl’s. Offers will include additional details, exclusions and terms
b. Limited Time Promotions: Kohl’s may, in its sole discretion, run special limited time promotions available only to Members, Kohl’s Card Holders, and/or select members within these groups.
c. Other Benefits: Kohl’s may, in its sole discretion, provide additional Program features and benefits to Members, and/or Kohl’s Card Holders, whether made available for a limited time or on a consistent basis.
VII. KOHL’S REWARDS ACCOUNT ACCESS & MEMBER COMMUNICATIONS. You may access your Kohl’s Rewards Account and view your membership activity and Kohl’s Cash balance, as well as view the most current Program information and Terms, at Kohls.com/KohlsRewards and/or through your Kohl’s App. When you visit our Kohl’s stores, our associates can look-up your Kohl’s Rewards Account information if you provide your phone number, email address, Kohl’s Rewards Identification Number or present your Kohl’s Charge Card that is linked to your Kohl’s Rewards Account. By enrolling or otherwise participating in the Program, you agree to receive transactional emails and promotional email offer updates from Kohl’s. Members may unsubscribe from promotional emails at any time via the unsubscribe link in those emails; provided, however, if you unsubscribe from Kohl’s e-mails, you may no longer receive those Program benefits which are distributed by email. For information about your membership, contact Kohl’s Rewards Customer Service at 1-844-564-5704 or email KohlsRewards@kohls.com.
VIII. PROGRAM MODIFICATION AND TERMINATION. The Program, its benefits, and the interpretation/application of its Terms are offered at the sole discretion of Kohl’s. Kohl’s reserves the right to modify the Program and any of its terms, features or benefits at any time with or without notice to you (including without limitation, the rate at which Kohl’s Cash coupons can be earned). The Program has no predetermined termination date and may continue until such time as Kohl’s elects, in its sole discretion, to terminate the Program.
IX. KOHL’S REWARDS ACCOUNT CLOSURE. Kohl’s may, in its sole discretion, close inactive Kohl’s Rewards Accounts. Inactive Kohl’s Rewards Accounts include those Kohl’s Rewards Accounts which have not been used to purchase merchandise at a Kohl’s store within the preceding twelve (12) consecutive months. Members who desire to close their Kohl’s Rewards Account may do so by calling Kohl’s Rewards Customer Service at 1-844-564-5704 or email KohlsRewards@kohls.com.
In addition, Kohl’s may close any Kohl’s Rewards Account if a Member becomes ineligible at any time and/or if any of these Terms are violated, including if the Kohl’s Rewards Account appears to be used for a commercial purpose such as re-sale, and/or if the Kohl’s Rewards Account is otherwise associated with abusive or fraudulent activity. In the event of such Term(s) violation, Kohl’s reserves the right to invalidate improperly awarded or issued Kohl’s Cash and/or to close your Kohl’s Rewards Account altogether.
If your Kohl’s Rewards Account is cancelled by you or Kohl’s, your accumulated earned Kohl’s Cash balance may be deactivated and invalidated.
X. ADDITIONAL TERMS.
(a) License. Subject to these Terms, Kohl’s hereby grants you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you participate in the Program and adhere to these Terms, to access, participate in and use the Program services. You agree that you obtain no rights other than the rights and licenses expressly granted herein.
(d) Kohl’s Employees . Kohl’s employees may be restricted from participating in certain features of the Program pursuant to applicable Kohl’s policies.
(e) Trademarks. “Kohl’s” and “Kohl’s Department Stores”, as well as related product and service names, design marks and slogans, are registered trademarks of Kohl’s, Inc.
(f) ARBITRATION. PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED IN THIS PROVISION, OR OTHERWISE FALL UNDER AN EXCEPTION AS DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOU. THIS SECTION PROVIDES THAT REWARDS DISPUTES MAY BE RESOLVED BY EITHER YOU OR KOHL’S THROUGH BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL OR INITIATE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. ARBITRATION PROCEDURES CAN BE SIMPLER AND MORE LIMITED THAN IN COURT. THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT (FAA), AND SHALL BE INTERPRETED IN THE BROADEST WAY THE LAW WILL ALLOW.
As used in this arbitration provision, a "Rewards Dispute" means any claim or controversy between us that in any way arises from or relates to a Member’s participation in the Program, including, without limitation, the issuance and/or redemption of Kohl’s Cash, or the receipt of any offer or other Program benefit(s). Rewards Disputes will be resolved by binding arbitration, rather than in court, except that a Member may assert claims in small claims court if the Member’s claims qualify. In addition, Kohl’s and Members each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate Rewards Disputes. There is no judge or jury in arbitration and court review of an arbitration award is very limited. The scope of discovery is usually more limited in arbitration than in court. 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 these Terms.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Kohl’s Registered Agent/Legal Department, located at: Kohl’s Legal Department, N56 W17000 Ridgewood Drive, Menomonee Falls, WI 53051 or we must send a written notice to you at the most current address we have on file for you. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Consumer Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Kohl’s will reimburse all such filing, administration and arbitrator fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Kohl’s will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. A Member 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.
Kohl’s and Member each agree that any Rewards Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Kohl’s and Member each hereby waive the right to participate in any class action, whether in court or arbitration. If for any reason a claim proceeds in court rather than in arbitration, Kohl’s and Member each waive any right to a jury trial.
If you do not want this arbitration provision to apply, you must reject this arbitration provision by sending a written rejection notice to us at Kohl’s Department Stores, Inc., Kohl’s Rewards Arbitration Opt-Out, P.O. Box 3120, Milwaukee, WI 53201-3120. Your rejection notice must be mailed within 60 days of account opening. Your rejection notice must state that you reject the arbitration provision and include your name, address, Kohl’s Rewards Identification Number and personal signature. No one else may sign the rejection notice. Your rejection notice will not apply to the arbitration provision(s) governing any other account(s) that you have or had with us. Rejection of this arbitration provision won’t affect your other rights or responsibilities under these Terms, including use of your Kohl’s Rewards Account.
This arbitration provision shall survive changes to these Terms and termination of the Program, Kohl’s Rewards Account, and/or the relationship between you and us, including the bankruptcy of any party and any sale of your Kohl’s Rewards Account, or amounts owed on your Kohl’s Rewards Account, to another person or entity. If any part of this arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative claim. This arbitration provision may not be amended, severed or waived, except as provided in these Terms or in a written agreement between you and us.