REWARDS PROGRAM TERMS & CONDITIONS

 

Revised April 5, 2024

 

THESE PROGRAM TERMS AND CONDITIONS (“PROGRAM TERMS”) INCLUDE A CLASS ACTION WAIVER, REQUIRE BINDING ARBITRATION AND INCLUDE PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. BY PARTICIPATING IN THE PROGRAM YOU AGREE TO ACCEPT THESE PROGRAM TERMS AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE CATO PRIVACY POLICY LOCATED AT WWW.ITSFASHIONS.COM/PRIVACY.ASPX WHICH ARE INCORPORATED INTO AND MADE PART OF THESE PROGRAM TERMS.

 

General

The Rewards Program (“Program”) is offered exclusively by Cato South (“Cato,” “we,” “our,” or “us”) in the United States to all customers who have applied for and received a Cato or It’s Fashion Credit Card ("you", “your”, “Member” or “Cardholder”). Each Cardholder will be automatically enrolled in the Program upon approval of your Credit Card. No purchase is required to become a Program Member. You may un-enroll from or cancel your membership in the Program at any time by calling us at 877-557-3526. If you cancel your membership in the Program, you will not earn Points or Rewards and, if applicable, you will forfeit your unused Points that have not been converted into Rewards. Your cancellation will not affect any previously redeemed Rewards. You must ensure that your contact information is accurate and current. You can update your contact information by contacting the Customer Service phone number on the back of your Credit Card or on your Credit Card Account billing statement, or you can call us at 877-557-3526.

These Program Terms supersede any previous terms and conditions governing the Program. The Program is not available where and to the extent prohibited by law. The headings for each section of the Program Terms are for convenience of reference only and shall be ignored in the interpretation or construction of any of these Program Terms. If any part of these Program Terms conflict with applicable law, that provision will be deemed severed from these Program Terms and the remainder of the Program Terms will remain in effect. We will not lose our rights under these Program Terms because we choose to delay or not enforce them. You may not assign your rights or obligations under these Program Terms to any other person or entity.

You may locate a copy of the current Program Terms any time at www.catofashions.com and https://www.itsfashions.com.

These Program Terms are separate from and in addition to your credit card agreement with Cedar Hill National Bank (“CHNB”) (your “Account Agreement”), which governs the use of your Cato or It’s Fashion Credit Card account (“Account”). In the event of any conflict between these Program Terms and your Account Agreement, these Program Terms will control in any matter relating to the Program.

 

Changes to the Program Terms and Conditions

We reserve the right to modify these Program Terms or change, terminate, or cancel the Program at any time. Any updates to these Program Terms will be mailed to you or provided with your Credit Card billing statement prior to the effective date of the changes. If you continue to participate in the Program, this will constitute your acceptance to the changes. These Program Terms constitute a legally binding agreement between us and each individual who is enrolled in, 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 Program Terms. If you do not agree to all of the Program Terms now or at any point in the future and/or you become ineligible for the Program (please see the Eligibility section below), please contact Cato’s Customer Service at 877-557-3526 to un-enroll.

 

Eligibility

The Program is only open to individual U.S. residents (excluding California, Guam, Puerto Rico, U.S. Virgin Islands and territories) who are at least 18 years of age who are Cato or It’s Fashion Cardholders (as discussed in the Membership section below).

Program membership is available only to individuals. Corporations, businesses, non-profit organizations, governmental agencies, resellers, or other entities are not eligible to participate. We may disqualify any such ineligible individual or entity discovered to be in the Program, which may include forfeiture of Points and previously issued but unused Rewards Cards.

Cato employees who are Cardholders are eligible to participate in the Program.

 

Membership and Points

Participation in the Program requires you to apply and be approved for a Cato or It’s Fashion credit card (“Credit Card”) or be an existing Cardholder. The Program allows you to earn points (“Points”) on the dollars you spend, as described in the Earning Points section below, using your Credit Card. Upon accumulating sufficient Points, you will be eligible for Rewards.

You may review your Points balance on your Credit Card Account billing statement. It may take up to two billing cycles for Points to post. The number of points earned is based on the date your Eligible Purchase was made, which may be different than the date the transaction posts to your Account. For mail order, special order, online, and other purchases, your transaction may not post to your Account until items have shipped.

If you believe you have earned Points that were not timely posted to your Points balance, you may dispute your Points balance (“Points Dispute”) by calling 877-557-3526 or by writing to Cato at 8100 Denmark Road, Charlotte, NC 28273. We and CHNB will use reasonable efforts to investigate your Points Dispute if you notify us and CHNB within 90 days of the posting date. If you do not notify us and CHNB within that period, you waive your right to make a Points dispute with respect to that purchase. We and CHNB may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, we and CHNB will have no further responsibilities if you later reassert the same Points Dispute.

 

Earning Points

• You will earn Points when you, or an authorized user, make eligible purchases of goods and services for personal, family and household purposes using your Cato or It’s Fashion Credit Card at any Cato, It’s Fashion, It’s Fashion Metro store locations or online at www.catofashions.com (“Eligible Purchases”).

Using your Cato or It’s Fashion Credit Card, you will earn:

• 1 Point for each $1.00 of Eligible Purchases
• 100 Points for opening a Cato or It’s Fashion Credit Card account.
• 100 Points for enrolling in E-Statement delivery at www.catofashions.com or www.itsfashions.com.

 

Bonus Points for Special Offers

From time to time, we may offer the opportunity to earn additional Points (“Bonus Points”). The special offers may include important conditions or limitations, such as blackout periods, Bonus Points limits, or exclusions, and you may have to register to qualify for an offer. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. Certain offers may only be communicated via email.

 

Calculation of Points

• Points are calculated based on the net purchase amount of Eligible Purchases. Some exclusions apply and certain products and services do not qualify for Points.
• For example, Points are not earned on taxes, shipping & handling, discounts, any amounts redeemed in Rewards, Rewards Cards or gift cards, layaway or gift card purchases, charitable donations, unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, interest charges, and fees of any kind. Other exclusions may apply from time to time during special promotions. The “net purchase amount” is the spend amount after any exclusions have been deducted.

Points awarded for purchases that do not remain Eligible Purchases may be deducted from your Points balance. Returned items may result in credits being applied to your Account, which will reduce or may eliminate accumulated Points and may result in a negative Point balance. If you have a negative Point balance, you must first earn enough Points to bring your Point balance to zero before earning any Points eligible for Rewards redemption. We reserve the right to verify and adjust Points, as applicable, at any time.

 

Earning and Redeeming Rewards Cards

For every 250 Points you earn, you will receive $5 in rewards (each a “Reward”). Rewards will be issued in increments of $5 and may be issued on a Rewards card or be sent an E-Rewards Certificate to the email address you provided to us, as applicable (“Rewards Card”). Multiple Rewards may be earned in a billing period. You will receive your Rewards Card through US mail or email each month, if earned. Rewards Cards may only be redeemed on Eligible Purchases using your Credit Card at Cato, It’s Fashion, It’s Fashion Metro store locations or online at www.catofashions.com within ninety (90) days of receipt.

Once Points are converted into one or more Rewards, the Points cannot be added back to your Points balance. Each Rewards Card and the Reward(s) issued in connection with each Rewards Card shall expire 90 days after issuance (“Redemption Period”) and must be redeemed prior to the expiration of such Redemption Period. Any issued Rewards Card (and the Reward(s) issued in connection with such Rewards Card) that is unused during its Redemption Period will expire after that Redemption Period.

Rewards Cards may not be applied or redeemed (1) to pay for any services or fees, including shipping, (2) as price adjustments on prior purchases; (3) to purchase gift cards; (4) for layaway purchases; or (5) as payment on a Credit Card Account or any other charge account balance. Rewards Cards may not be combined with any other discount or certificate, except as otherwise provided. Rewards Cards can be partially redeemed if the purchase amount does not exceed the Rewards Card amount. Restrictions apply as set out herein and in promotional materials. If you return merchandise purchased using a Rewards Card, the dollar value of the Rewards Card will be converted to a merchandise credit, if applicable.

Cato and CHNB are not responsible for lost or stolen Rewards Cards and lost or stolen Rewards Cards cannot be replaced or honored.

Points, Rewards, and Rewards Cards have no cash value and cannot be exchanged for cash or credit. You have no ownership interest in Points, Rewards, or Rewards Cards, and any Points, Rewards, or Rewards Cards collected do not constitute property. The use of the word "earn" or similar language in marketing materials in relation to the Program does not imply that the Points, Rewards, or Rewards Cards have any value prior to conversion or redemption. Points, Rewards, and Rewards Cards may not be purchased or sold and are not transferable except as otherwise stated herein. If there is no earning or redemption of points in your Program account at least once every 12 months, all earned and unredeemed points will expire and be forfeited, and we may close your membership account.

Points, Rewards, Rewards Cards, membership, and other Program benefits are nontransferable unless expressly stated otherwise and may not be sold, duplicated, or altered in any way by you. Points you earn may not be combined with Points earned on any other credit account or earned by anyone else (other than your Authorized User). Cato may deny membership in the Program to any potential member, current member, enrollee, or other participant in its sole discretion and without written notice. Each member may only have one Program membership.

 

Suspension, Cancellation, and Forfeiture

We may temporarily suspend you from earning Points, using Points, receiving or redeeming Reward Cards, or using any features of the Program if: your Account becomes delinquent; CHNB or Cato suspects that you or any authorized user has engaged in fraudulent activity related to your Account or the Program; we suspect that you misused the Program in any way or your Account is otherwise not in good standing.

We reserve the right to cancel or suspend your participation in the Program in the event of fraudulent activity or misuse related to your Account or the Program, abuse of rewards privileges, any activity deemed to be abusive or gaming conduct, violation of these Program Terms or any applicable laws, your Account is closed, you are deemed insolvent or declare bankruptcy, your death, or at our discretion. If the Program is terminated or cancelled, we cancel your participation in the Program, or you voluntarily cancel your participation in the Program, any Points, Rewards Cards, and other membership benefits you may have will be forfeited and become void at the time of such cancellation. We may revoke some or all of your Points or Rewards Cards if we determine that you received Points or Rewards Cards due to an error, through fraud or deception, or in any manner not authorized. We will close your account and any outstanding Points will be forfeited in the event your account has been inactive after twenty-four (24) months.

 

Disclaimer of Warranties and Release of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CATO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. CATO DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.

YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. NEITHER CATO NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM.

 

Taxes

You are responsible for any tax liability that may result from participation in the Program.

 

Governing Law

The Program and these Program Terms are governed by federal law and the laws of the State of North Carolina, without regard to any conflict of law provisions. Any action relating to the Program, the Program Terms, or any transaction with Cato must be brought in the state or federal courts located in Charlotte, North Carolina. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

 

Waiver of Jury Trial and Class Action

You, Cato, and CHNB agree that each of us may bring Claims arising from or relating to these Program Terms only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

“Claim,” as used in these Program Terms means any claim, dispute or controversy that in any way arises from or relates to these Program Terms.

BY AGREEING TO THESE PROGRAM TERMS, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH CATO IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

 

Agreement to Arbitrate

Any party may elect to arbitrate any Claim arising from or relating to these Program Terms (including disputes about the validity, scope or enforceability of this Agreement to Arbitrate), in which case such Claim shall be settled by binding arbitration on an individual basis and not as part of any class or representative action.

Arbitration may be elected by any party with respect to any such Claim, even if that party has already initiated a lawsuit with respect to a different Claim. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration.

The arbitration will be conducted by the American Arbitration Association (“AAA”), JAMS, or any other company selected by mutual agreement of the parties (the “Administrator”), in accordance with the rules of the Administrator. Payment of all filing, administration and arbitrator fees will be governed by the Administrator’s rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. The arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator’s decision must be with written explanation and remain confidential. For purposes of this Agreement to Arbitrate section, these Program Terms are governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Opt-Out Procedures: You may choose to opt-out of this Agreement to Arbitrate by sending a written notice within 30 days after the date you accept these Program Terms for the first time. You may send your opt-out notice by mail or hand delivery to The Cato Corporation, 8100 Denmark Road, Charlotte, NC 28273. Your opt-out notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions.

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced written notice of its intent to file for arbitration. We will provide such notice by mail or email using the contact information on file with us and you must provide such notice by mail to us at The Cato Corporation, 8100 Denmark Road, Charlotte, NC 28273.

 

Customer Service

We may send communications regarding the Program by mail, phone, email or other methods.

If you have any questions about the Program or to update your contact information, please contact the Customer Service phone number on the back of your Credit Card or on your Credit Card Account billing statement or contact Cato at 8100 Denmark Road, Charlotte, NC 28273.

Cato and CHNB are not responsible for Rewards Cards or communications lost or undelivered due to an incorrect or outdated mailing address or email address.