SEARS CLUBTM REWARD PROGRAM TERMS AND CONDITIONS

Sears Club is a loyalty reward program which is operated by Sears Canada Inc. (“Sears”). In accepting to join or continue your Sears Club membership, you acknowledge and agree that Sears assumes no contractual or legal responsibility to you and has specifically limited its legal obligations in connection with Sears Club. The accumulation of Sears Club Points does not entitle members to any vested rights and, in accumulating Points, members may not rely upon the continued availability of any award, reward, award/reward level, premium, privilege or other benefit. Sears Specifically reserves the right to amend, alter, withdraw or terminate the Sears Club program (in whole or in part) and any such changes may affect Points which a member has already accumulated as well as any future accumulation of Points.

  1. Definitions: In these Rules the following words will have the meanings described opposite them:

    1. “Net Purchases” means the dollar value of purchases of goods and services, excluding applicable taxes, clearance priced items, outlet store purchases, gift cards, pre-paid credit cards and services (e.g. delivery), made at Sears and authorized Sears partners with your Sears Club Reward Account, less any credits, returns or other adjustments.
    2. “Points” means the points that accrue to your Reward Account;
    3. “Points Summary” has the meaning given to it in Section 6;
    4. “Reward Account” means the account opened by Sears in your name for the crediting and debiting of Points in connection with the Sears Club program;
    5. “Rules” means these Sears Club Reward Program terms and conditions; and
    6. “you” and “your” each mean the person in whose name a Reward Account was opened.

    You agree with us as follows:

  2. General Terms and Conditions of Rules:

    1. “Net Purchases” means the dollar value of purchases of goods and services, excluding applicable taxes, clearance priced items, outlet store purchases, gift cards, pre-paid credit cards and services (e.g. delivery), made at Sears and authorized Sears partners with your Sears Club Reward Account, less any credits, returns or other adjustments.
    2. “Points” means the points that accrue to your Reward Account;
    3. “Points Summary” has the meaning given to it in Section 6;
    4. “Reward Account” means the account opened by Sears in your name for the crediting and debiting of Points in connection with the Sears Club program;
    5. “Rules” means these Sears Club Reward Program terms and conditions; and
    6. “you” and “your” each mean the person in whose name a Reward Account was opened.
  3. Eligibility: Sears Club membership is limited to natural persons and no corporation, trust, partnership or other entity may hold membership in the Sears Club program except as may be authorized by Sears in its sole discretion (e.g. Sears Club membership is not open for business-to-business and/or corporate/commercial accounts). Sears Club membership is solely for the benefit of authorized user(s) of the Reward Account and is restricted to Reward Accounts that are current and in good standing. Sears Club membership is a privilege which can be revoked by Sears at its discretion at any time and without compensation including without limitation, abuse by the member or these Rules or any other actions deemed by Sears, in its sole discretion, to be damaging to the Sears Club program or the interests of Sears or its partners. A Sears Club member must register individually, only once, and in his/her full legal name.

  4. Points: Sears Club is based on a point system. Points awarded under Sears Club have no monetary value and cannot, under any circumstances, form the basis of a monetary claim against Sears. Points have no cash value and cannot be redeemed for cash or used as payment for any obligations owed to Sears or other parties, including as credit against any credit card account. Points or other benefits earned by you are personal and may not be assigned, traded or otherwise transferred to another person. Sears may refuse reward redemptions, reverse redemptions already claimed, or deduct Points from a Reward Account where the redemption is based on an error in the Points required for the redemption or an error in the amounts of Points credited to a Reward Account.

    Any Reward Account that has not earned any Points for twelve (12) consecutive months shall be deemed inactive (Point redemptions, returns/refunds or adjustments shall not constitute activity for these purposes). All Points will expire without prior notification at the end of any consecutive twelve (12) month period of inactivity. Once expired, Points cannot be compensated or reinstated.

  5. Earning Points: Your Reward Account will be awarded one (1) Point for every $1.00 (Cdn) you make in Net Purchases made at Sears stores, Hometown stores, Sears catalogue or on sears.ca, or in authorized Sears branded concessions, including Sears Travel, Sears Optical, Sears Portrait Studio. Bonus Points offers and promotions may be offered, from time to time, by Sears and/or its authorized partners to some or all Sears Club participants and such offers and promotions may be amended, suspended or cancelled at any time without notice. Any credits, as a result of price adjustments, refunds or returns, posted to your Account statements will be deducted from the Points accumulated in your Reward Account. Points are not awarded on applicable taxes, clearance priced items, outlet store purchases, gift cards, pre-paid credit cards and services (e.g. delivery) . Points are earned on the purchase amount net of any points redemption.

  6. Verification of Your Points: A summary of your Points activity will be available at www.sears.ca/searsclub or 1-844-395-0025 (“Points Summary”). You are responsible for reviewing each Points Summary. If you believe there is an error or omission on any Points Summary you must notify Sears in writing within thirty (30) days from the transaction date recorded on the Points Summary. If you do not notify Sears within thirty (30) days from the transaction date of any error or omission, Sears will treat the Points Summary as complete and correct and it will be binding on you. Each member shall be responsible for advising Sears of any change of mailing or email address.

  7. Points Redemption: Points may be redeemed for Sears Club program rewards, including Sears reward cards. Points may be redeemed by the authorized user on the Reward Account. You may redeem Points only if your Reward Account is current and in good standing and during the operation of the Sears Club program. Any Points redeemed by an authorized user from your Reward Account will be deemed to have been done so with your knowledge and authorization. Points can be redeemed for Sears rewards cards or specific merchandise as determined by Sears in its sole discretion. Points cannot be redeemed for gift cards, insurance products/services or other services. Reward options may change from time to time without notice. Sears reward cards expire within six (6) months of the issue date. Please visit www.sears.ca for details on redemption options as well as restrictions and limitations.No cash refunds or partial rewards will be issued upon redemption of your Points. You may only redeem Points that have appeared on your Points Summary. Points can be redeemed in increments of $10, $30, $50, $100, $250. One redemption per transaction.

  8. Limitation of Liability: If you are denied any reward under the Program for which you are entitled, your sole recourse will be with Sears and Sears’ liability shall be limited to the equivalent value of the reward denied. Under no circumstances shall Sears or any of its subsidiaries, affiliates, employees, officers, directors, successors and assigns be liable for any loss or damage suffered by you or any other person as a result of any of the following:

    1. arising from or related to the Sears Club program;
    2. failure to provide you with your Points Summary;
    3. any correspondence or reward sent by or to Sears that is lost or delayed in the mail;
    4. points redeemed by an authorized user on your Reward Account;
    5. cancellation, suspension or termination of the Sears Club program for any reason;
    6. cancellation, suspension or termination of your membership in the Sears Club program for any reason;
    7. the cancellation or termination of your Reward Account;
    8. the forfeiture of any or all of your Points for any reason; or
    9. the non-performance, performance or action of any reward supplier in any way.
  9. Collection of Personal Information: You expressly agree that Sears and its loyalty program service providers are entitled to share information necessary to administer the Sears Club program. Personal information collected, used and/or disclosed by Sears shall be in accordance with Sears’ privacy policy (available for your review on sears.ca).

  10. Changes to Program: Sears reserves the right to change, cancel or suspend the Sears Club program or modify these Rules, at any time, without advance notice to you. Change to or suspension of the Sears Club program or modification of these Rules may result, at the discretion of Sears, in the forfeiture of your Points and/or a change in the rewards available for redemption of your Points. No waiver by either Sears or you of any breach or default hereunder shall be deemed to be a waiver or any preceding or subsequent breach or default.

  11. Interpretation: All questions and disputes regarding the accrual of Points or the conversion of Points into rewards and all other matters relating to the Program shall be resolved by Sears in its sole discretion. The interpretation of the Rules is the sole responsibility of and subject to the final authority of Sears. The Sears Club program and the Rules shall be governed by the laws of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario. If any provisions contained herein shall be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

  12. Taxes: You are responsible for any personal tax liability relating to your participation in the Program or arising from the accrual or redemption of Points or the receipt of any rewards.

  13. Termination: Sears may terminate the Sears Club program, at any time, without advance notice to you. In the event of a cancellation of the Sears Club program, you will be given at least thirty (30) days to redeem your accumulated Points. Sears may terminate your membership in the Sears Club program, forfeit your Points and close your Reward Account, without notice to you, upon fraud or abuse by you of the program, violation of these Rules, any misrepresentation of information provided by you to Sears, upon personal bankruptcy or for such other reason deemed appropriate by Sears. If you withdraw from the Sears Club program or close your Reward Account, your Points will automatically be forfeited.

  14. Program Rewards: Reward items are subject to availability and certain restrictions may apply. Reward items are subject to change without notice. If the reward item you have chosen is not available, a reward item of equal or greater value may be substituted without notice to you. Pricing for reward items and fulfillment fees are subject to change without notice. Pricing lists for reward items are updated periodically. The rewards include all applicable sales taxes. Rewards have no cash value. Rewards may not be refunded or exchanged and cannot be resold. Rewards cannot be applied as a credit to or payment on any credit card account. Rewards may not be returned or exchanged for Points. Your rewards will be shipped to you at your most recent address in Sears records, unless you instruct otherwise. Delivery of the rewards will be made by ground delivery service or first-class mail, at the sole discretion of Sears. Allow at least 4 to 6 weeks for delivery. Sears cannot ship rewards to a Post Office Box or to any address outside Canada.

    1. Merchandise Rewards: You shall be responsible for all shipping and handling costs relating to the delivery of merchandise rewards. Returns will only be accepted for merchandise rewards that arrived damaged, defective or mis-shipped. Only the manufacturer’s warranty applies to merchandise rewards offered under the Program.
    2. Gift Certificate or Gift Card Rewards: Use of gift certificate or gift card rewards is subject to the terms and conditions printed thereon. Neither Sears, nor any other third party is responsible for replacing lost, stolen or expired gift certificate or gift card rewards. Gift certificate and gift card rewards must be surrendered upon redemption and are void if altered. No photocopies or facsimiles of gift certificate or gift card rewards will be honoured. Gift certificate rewards shall include all applicable shipping and handling costs.
    3. Sears Club Rewards Cards: Use of Sears Club Rewards Cards are subject to the terms and conditions printed thereon. Sears is not responsible for replacing lost, stolen or expired Sears Club Reward Cards. Sears Club Rewards Cards are void if altered. No photocopies or facsimiles of Sears Club Rewards Cards will be honoured. Sears Club Rewards Cards shall include all applicable shipping and handling costs.

    When using a Sears Club Rewards Card at Sears Canada Inc. locations:

    • Present your Sears Club Rewards Card at the time of purchase or when picking up a catalogue or website order.
    • The value of the Sears Club Rewards Card is redeemable towards merchandise/select services at any Sears Canada Inc. location on purchases of equal or greater value than the Sears Club Rewards Card. No change will be provided if the value of the Sears Club Rewards Card exceeds the value of the merchandise against which it is being redeemed.
    • Sears Club Rewards Cards cannot be used for purchases at Sears, Roebuck and Co. stores in the U.S., Sears’ Licensees, or Sears Club partner locations, or to purchase Sears Gift Cards, travellers’ cheques or insurance.
    • Sears Club Rewards Cards are not redeemable for cash, C.O.D. orders and cannot be reconnected to Points, and Points cannot be collected at time of redemption.

    Federal and provincial taxes must be applied to the full amount of the purchase.

  15. Language: It is the express wish of the parties that these Rules and any related documents be drawn up and executed in English. Les parties ont expressément demandé que les présentes règles et tous les documents s’y rattachant soient rédigés et signés en anglais.