Terms and Conditions of Talbots Classic Awards

The Program: The Talbots Classic Awards Program (the “Program”) is a customer loyalty program offered entirely at the discretion of The Talbots, Inc. (“Talbots”) subject to these Terms and Conditions (“Terms”). The Program allows you to earn Style points (“Style Points”) on the dollars you spend as described below that can be used to receive Style Rewards in $25 denominations that can be applied to your next purchase (“Style Awards”). Talbots may, at its sole discretion, cancel, alter, limit, or modify Program rules and regulations (including these Terms), Style Points earning structure, Style Rewards, Style Rewards structure, Style Rewards thresholds, or any other feature of the Program at any time, without notice. In accumulating Style Points, members in the Program may not rely on the continued availability of any Style Reward or Style Reward threshold and they have no vested right with respect to Style Points, Style Rewards, or Program benefits. Program members who do not agree with these Terms should cancel their membership in the Program as described below.

In these Terms, "member," "you" and "your" mean the Program member. “We,” “our,” and “us” mean Talbots. “Bank” means Comenity Bank and its affiliates or its assignees.

Talbots, whose determination shall be final, shall make any necessary interpretation or application of these Terms. Style Points and Style Rewards in the Program may be subject to tax liability.

Talbots reserves the right to void Classic Awards member accounts and Style Rewards earned by any person(s) who have wrongfully earned Style Points whether via deception, forgery, or fraud.

$25 Style Rewards, Style Points, and Classic Awards Loyalty cards have no cash value and cannot be transferred, purchased, sold, or traded. Style Points earned cannot be shared across more than one account. Accrued Style Points do not constitute property of the member and are merely valid to accumulate Style Rewards in the context of the Program as described under these Terms. No money shall be paid out of forfeited, expired or unused Style Points. The number of Style Points required to redeem any Style Reward may be increased, any Style Reward may be withdrawn, and restrictions on any Style Reward or its redemption may be imposed at any time by us.

How to Join the Program: Subject to the Program Eligibility requirements outlined below, you can join the Program in one of the following ways:

Program Eligibility: No purchase is necessary to receive a Classic Awards Loyalty card demonstrating your membership in the Program. Membership in the Program is available to Talbots customers (age 18 and over) in the United States and Canada, who abide by these Terms. To receive Style Points in the Program, the Classic Awards Loyalty card or number must be presented at the time of purchase, or the purchase must be made using a Talbots Credit Card in Good Standing (as described under “Talbots Credit Cardholders” below). Purchase is required to earn Style Points regardless of payment method used. Only the individual Program member who makes the purchase may earn Style Points. Members in the Program in the United States who use a Talbots Credit Card to make purchases have the opportunity to earn a greater number of Style Points. See “Talbots Credit Cardholders,” “Classic Awards Premier Status” and “How to Earn Style Points” below.

Participation in the Program is subject to these Terms and any other terms and conditions, rules, regulations, policies, and procedures adopted by Talbots at any time. If you are a Talbots Credit Cardholder, these Terms are separate and independent from your Talbots Credit Card Account Agreement (your “Account Agreement”), which governs the use of your Talbots Credit Card. In the event of any conflict between these Terms and your Account Agreement, these Terms will control in any matter relating to the Program.

Talbots Credit Cardholders: The Talbots Credit Card and the Classic Awards Premier status under the Program are available only to Talbots Credit Cardholders located in the United States. If you were not already enrolled in the Program, we will automatically enroll you in the Program when the Bank opens your Credit Card account (“Account”). The Talbots Credit Card must be presented as the method of payment at the time of purchase to receive the higher number of Style Points in the Program for the purchase using the Credit Card. In any event, regardless of payment method used, purchase is required to earn Style Points in the Program. Only the individual Program member who makes the purchase (on their Talbots Credit Card or otherwise) may earn the associated Style Points. The Account must be in Good Standing to earn Style Points using the Talbots Credit Card. “Good Standing” means (1) your Account is open to new charges and not over your credit limit, (2) your Account is not more than 60 days past due or otherwise in default, (3) your Talbots Credit Card is not flagged as lost, stolen, or fraudulent according to the Bank’s records, (4) your Account is not in a hardship or workout program, and (5) you are not subject to a credit counseling arrangement relating to your Account. If you use the Talbots Credit Card to make a purchase and your Account is not in Good Standing, you are not eligible to receive any Style Points for purchases made during the period the Account was not in Good Standing.

Classic Awards Premier Status: Talbots Credit Cardholders must spend $1,000 using their Talbots Credit Card in a calendar year (January 1 – December 31) to achieve Classic Awards Premier status. Once achieved, Classic Awards Premier status will continue through the end of the following calendar year. In order to maintain Classic Awards Premier status, however, cardholders must continue to spend $1,000 annually on the Talbots Credit Card. If a Talbots Credit Cardholder does not spend $1,000 on the Credit Card in any calendar year, the card will be designated as a Talbots Credit Card as of the commencement of the following calendar year. Thereafter, a Talbots Credit Cardholder can again achieve Classic Awards Premier status when the cardholder again spends $1,000 on the Talbots Credit Card in a calendar year.

How to Earn Style Points: The Program is limited to earning Style Points for Net Eligible Purchases, whether made in-store, online or via phone. “Net Eligible Purchases” is the amount of purchases of goods (including gift cards and e-gift certificates) and services for personal, family and household purposes made when a Talbots Credit Card or Classic Awards Loyalty card is presented at the time of purchase and the purchase is paid with an Acceptable Payment, minus the amount of any returns, refunds or other adjustments, rounded to the nearest dollar. Net Eligible Purchases also exclude taxes and shipping and handling charges. “Acceptable Payment” means the purchase was paid with $25 Style Rewards, cash, check, a Talbots Credit Card whose Account is in Good Standing or another credit card or other method of payment accepted by Talbots.

Style Points are not earned on, and the term “Net Eligible Purchases” does not include: returns, refunds, redemption of gift cards and e-gift certificates, credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, balance transfers, interest, fees or other Account activity. We have the right to deduct Style Points from your Style Points balance for charges that were not or do not remain Net Eligible Purchases. If your Style Points balance goes negative, you must first earn Style Points to bring your Style Points balance to zero before earning any Style Points towards your next $25 Style Reward(s) certificate. Style Points you earn may not be combined with Style Points earned on any other account. Style Points earned have no cash value and may not be used as payment of any outstanding obligation to the Bank or to Talbots.

Classic Awards Loyalty members earn 0.5 Style Points for every $1 spent on Net Eligible Purchases. Talbots Credit Cardholders whose Account is in Good Standing earn 1 Style Point for every $1 spent on their Talbots Credit Card on Net Eligible Purchases. Talbots Credit Cardholders with Classic Awards Premier status whose Account is in Good Standing earn 1.25 Style Points for every $1 spent on their Talbots Credit Card on Net Eligible Purchases. Customers across all tiers are issued a $25 Style Reward when their Style Point balance reaches 500.

Bonus Style Points for Special Offers: From time to time, we may make special offers for you to earn additional Style Points for Net Eligible Purchases. These additional Style Points are called “Bonus Style Points.” The way to earn Bonus Style Points, and the Bonus Style Points that can be earned, may vary as compared to regular Style Points in the Program. Read each special offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Style Point limits, or exclusions. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Style Points already earned. Your Net Eligible Purchase must be completed (and the transaction charged to your Account if using the Talbots Credit Card) during the special offer period in order for you to earn the applicable Bonus Style Points. For mail order, special order, online, and other purchases, please be aware that we may not charge your Account until items purchased have shipped. During special offer periods, making a return in the same transaction as your purchase may result in earning fewer Style Points because Style Points are calculated off of your Net Eligible Purchase (in this case, your purchase minus return).

Your Style Points Balance: You may access your Style Points balance on your MyTalbots account at Talbots.com or by calling Talbots Customer Service at 1.800.825.2687. Please note that while it generally takes 48 hours for Style Points from a Net Eligible Purchase to post to your Style Points balance, Style Points may take up to 8 weeks to post, depending on the length of the special offer period. At any time, we may verify and adjust your Style Points balance based on our records and based on certain purchases not constituting, or no longer constituting, Net Eligible Purchases. Style Points will remain available in your Style Points balance until they are redeemed for a $25 Style Reward, are forfeited, or expire.

Style Points will expire 12 months after the date that they are posted to your Style Points balance.

Earning Style Rewards: When you earn enough Style Points you will be eligible for a $25 Style Reward (each, a “Style Reward”). The current threshold for Style Rewards is 500 Style Points (500 Style Points = one $25 Style Reward). Style Rewards thresholds are subject to change without notice. $25 Style Rewards will be calculated and fulfilled regularly. Once you’ve earned a $25 Style Reward, your Style Points balance will be reduced by the number of Style Points used to obtain the $25 Style Reward. Except as provided below, we will send a $25 Style Reward to your Account’s primary billing address or valid, opted-in email address within 30-45 days after you achieve a Style Reward threshold. To change the primary billing address or email address for your Account, please visit Talbots.com or contact Talbots Customer Service at 1.800.825.2687.

Using Style Rewards: $25 Style Rewards can be redeemed only on a qualifying Talbots merchandise purchase (whether such purchase is made on Talbots.com, by phone, in store, or a catalog purchase) that equals or exceeds the total amount of the $25 Style Rewards being applied to the purchase. By way of example, a $25 Style Reward can be used to buy at least $25 or more in merchandise, while two $25 Style Rewards could be used to buy at least $50 or more in merchandise. $25 Style Rewards may not be used toward payment of outstanding Talbots Credit Card account balances, cannot be used to purchase gift cards and e-gift certificates, have no cash value, are not transferable and are for promotional purposes only, without any money or other thing of value being given in exchange. $25 Style Rewards expire six months from their issuance date. $25 Style Rewards are good for onetime use only and must be surrendered at the time of redemption.

Talbots is not responsible for $25 Style Rewards lost in the mail or e-mail, or not received due to failure to update the member address information on the account. Talbots must be notified of changes of address via Talbots.com or by calling the toll-free customer service number 1.800.825.2687.

To the extent allowed by applicable law, we may cancel any earned or outstanding $25 Style Reward(s) if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.

Other Program Benefits: Talbots Credit Cardholders can also enjoy an additional 5% off markdowns during our Semiannual Red Hanger Clearance sales. Talbots Credit Card benefits are subject to credit approval and the Account must be in Good Standing. The Talbots Credit Card must be used as the method of payment to take advantage of these offers.

To receive the birthday discount offer, the Classic Awards member must provide Talbots with their birth month. The birthday discount (10% off for Classic Awards Loyalty members and 15% off for Talbots Credit Cardholders, subject to the limitations described below) can be used on any Talbots purchase, excluding Gift Cards and e-gift certificates. The birthday discount is valid on all merchandise purchases and good for one full day during the birthday month, combinable with other offers, has no cash value, is not transferable, and is for promotional purposes only, without any money or other thing of value being given in exchange. The birthday offer is available to active Classic Awards members who have used their Talbots Credit Card or Classic Awards Loyalty card at least once in the past 24 months. Must make a purchase at least once in the past 24 months. The Talbots Credit Card must be used to take advantage of the 15% birthday discount. The Talbots Credit Card birthday offer is subject to credit approval and the Account must be in Good Standing.

Anniversary Bonus Gift. Classic Awards Members receive one-time bonus Style Points if they shop at least once in any channel during their Anniversary month of when they joined the Program. Loyalty Members and Talbots Credit Cardholders receive 100 Bonus Style Points for the Anniversary gift. Premier Members receive 250 Bonus Style Points for the Anniversary gift and must use their Premier Talbots Credit Card as method of payment. Bonus Style Points are awarded to the member’s account 4-6 weeks after the last day of their Anniversary Month. Members are only notified of their Anniversary month if they are subscribed to marketing emails.

Members with Classic Awards Premier status receive free standard shipping (3-7 business days on in-stock items) on all talbots.com, phone and catalog purchases to one shipping address within the US or Canada only, when a valid Talbots Credit Card is used as the method of payment. Additional charges may apply if you choose express delivery and/or multiple shipping addresses. All applicable duties and taxes will be paid by the package recipient. Classic Awards Premier free standard shipping is subject to credit approval and the Account must be in Good Standing.

The Program may be modified or discontinued at any time. Program details can be found at talbots.com/classicawards or by calling customer service at 1.800.825.2687 (toll-free in the US).

Communications, Program Activity and Customer Service: We may contact you about the Program by mail, phone call, e-mail or other methods permitted under applicable law. As needed, you agree to promptly update your contact information at by calling 1.800.825.2687. We are not responsible for any $25 Style Reward or communications in connection with the Program lost or undelivered due to incorrect or changed address or other contact information, or other causes beyond our control.

You can view your Program activity and Style Points balance in your MyTalbots account on Talbots.com. For customer service, call us at 1.800.825.2687.

Style Points Disputes: If Style Points you believe were earned have not timely posted to your Style Points balance, you may dispute your Style Points balance (“Style Points Dispute”) by immediately calling 1.800.825.2687 or writing to Talbots, One Talbots Drive, Hingham, MA 02043. We will use reasonable efforts to investigate your Style Points Dispute if you notify us within 90 days of the purchase date. If you do not notify us within that period, you waive your right to make a Style Points Dispute with respect to that purchase. We 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 will have no further responsibilities if you later reassert the same Style Points Dispute. Please note that the dispute rights with respect to your Account under the Account Agreement do not apply to these Terms or to your rights and remedies under these Terms, which are solely as set forth in these Terms. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Style Points Dispute, is for us to credit the disputed Style Points to your Style Points balance.

Limited Liability: Unless otherwise required by law or our agreements with you, neither Talbots nor the Bank, nor any of our or its respective affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Program, or typographical or other errors in connection with special offers or other Program communications; (b) any claim relating to products purchased using any $25 Style Reward obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Style Points. Notwithstanding the foregoing, any liability that we or they may have to you in connection with the Program shall be limited to the amount of any Style Points you have earned in accordance with these Terms. Talbots reserves the right to correct any errors in connection with the Program.

Applicable Law: These Terms and the Program will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. You irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts located in Massachusetts for any litigation or dispute arising out of or relating to your participation in the Program. Any cause of action or claim you may have with respect to the Program must be commenced within one (1) year after the claim or cause of action arises or be barred forever. Talbots’ failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. These Terms constitute the entire agreement between you and Talbots with regard to the Program and matters addressed in these Terms. Neither the course of conduct between you and Talbots nor trade practice shall act to modify any portion of these Terms.

No Bank Participation: The Bank does not: (a) endorse $25 Style Rewards or products or services purchased at Talbots using $25 Style Rewards; (b) make any express or implied warranty regarding $25 Style Rewards or products or services purchased at Talbots; (c) guarantee the performance of $25 Style Rewards or products or services purchased on Talbots; or (d) offer, issue, operate or control $25 Style Rewards offered through the Program.

Changes: Subject to any requirements or limitations of applicable law, we may at any time for any reason add to, change, limit, or terminate the Program or these Terms. To the extent allowed by applicable law, (a) changes may apply retroactively, and may affect outstanding transactions and Style Points, and may result in you involuntarily forfeiting Style Points you have earned, and (b) changes will not affect issued or redeemed $25 Style Rewards except to the extent allowed by applicable law.

Taxes: You are solely liable for any applicable taxes arising out of the accrual or use of Style Points or $25 Style Rewards. Consult your tax advisor concerning such tax consequences.

Cancelling Program Participation: You may cancel your participation in the Program at any time by calling us at 1.800.825.2687. If you cancel your participation in the Program, you will no longer earn Style Points and you will forfeit your unused and unexpired Style Points. Your cancellation will not affect any previously issued $25 Style Rewards unless you also close your Program account. Cancelling your participation in the Program does not affect your Account if you are a Talbots Credit Cardholder, and cancelling your Account is subject to the separate terms of your Account Agreement.

Other Terms: If you make purchases to earn Style Points in the Program at Talbots.com, your use of the website is subject to the website Terms of Use accessible here. To participate in the Program, we will ask for your name, address, and email address (and birth month if you want to receive a special birthday offer), the use of which is subject to our Privacy Policy accessible here. We rely on the Bank to let us know if your Account is not in Good Standing for purposes of the Program, and it is not necessary to provide us with your Credit Card or Account details with the Bank to participate in the Program. For complete details on use of your personal information, see our Privacy Policy.

For California Customers – Notice of Financial Incentive

Summary of the Program:

Style Rewards. As a member of the Program you can earn Style Points on the dollars you spend that can be used to receive $25 Style Rewards. Depending on your member level, you can earn a certain number of Style Points for each dollar spent on Net Eligible Purchases. For every 500 Style Points earned, you can earn one $25 Style Reward. Classic Awards Loyalty members earn 0.5 Style Points for every $1 spent on Net Eligible Purchases. Talbots Credit Cardholders whose Account is in Good Standing earn 1 Style Point for every $1 spent on their Talbots Credit Card on Net Eligible Purchases. Talbots Credit Cardholders with Classic Awards Premier status whose Account is in Good Standing earn 1.25 Style Points for every $1 spent on their Talbots Credit Card on Net Eligible Purchases.

Markdowns during certain sales periods. Talbots Credit Cardholders can also enjoy an additional 5% off markdowns during our Semiannual Red Hanger Clearance sales. Talbots Credit Card benefits are subject to credit approval and the Account must be in Good Standing. The Talbots Credit Card must be used as the method of payment to take advantage of these offers.

Birthday Bonuses. To receive the birthday discount offer, you must provide Talbots with your birth month. The birthday discount (10% off for Classic Awards Loyalty members and 15% off for Talbots Credit Cardholders, subject to the limitations described below) can be used on any Talbots purchase, excluding Gift Cards and e-gift certificates. The birthday discount is valid on all Net Eligible Purchases and good for one full day during the member’s birthday month, combinable with other offers, has no cash value, is not transferable, and is for promotional purposes only, without any money or other thing of value being given in exchange. The birthday offer is available to active members who have used their Talbots Credit Card or Classic Awards Loyalty card at least once in the past 24 months. Must make a purchase at least once in the past 24 months. The Talbots Credit Card must be used to take advantage of the 15% birthday discount. The Talbots Credit Card birthday offer is subject to credit approval and the Account must be in Good Standing.

Anniversary Bonus Gift. Classic Awards Members receive one-time bonus Style Points if they shop at least once in any channel during their Anniversary month of when they joined the Program. Loyalty Members and Talbots Credit Cardholders receive 100 Bonus Style Points for the Anniversary gift. Premier Members receive 250 Bonus Style Points for the Anniversary gift and must use their Premier Talbots Credit Card as method of payment. Bonus Style Points are awarded to the member’s account 4-6 weeks after the last day of their Anniversary Month. Members are only notified of their Anniversary month if they are subscribed to marketing emails.

Free Shipping. Members with Classic Awards Premier status receive free standard shipping (3-7 business days on in-stock items) on all talbots.com, phone and catalog purchases to one shipping address within the US or Canada only, when a valid Talbots Credit Card is used as the method of payment. Additional charges may apply if you choose express delivery and/or multiple shipping addresses. All applicable duties and taxes will be paid by the package recipient. Classic Awards Premier free standard shipping is subject to credit approval and the Account must be in Good Standing.

Material terms to the Program: The categories of personal information that are required to participate in the Program are: first name, last name, email address, and birth month (for birthday discount eligibility). Membership in the Program is available to Talbots customers (age 18 or older) in the United States and Canada, who abide by these Terms. To receive Style Points in the Program, the Classic Awards Loyalty card or number must be presented at the time of purchase, or the purchase must be made using a Talbots Credit Card in Good Standing. Purchase is required to earn Style Points regardless of payment method used. Members in the Program in the United States who use a Talbots Credit Card to make purchases have the opportunity to earn a greater number of Style Points. See “Talbots Credit Cardholders,” “Classic Awards Premier Status” and “How to Earn Style Points” above. Participation in the Program is subject to these Terms and any other terms and conditions, rules, regulations, policies, and procedures adopted by Talbots at any time. If you are a Talbots Credit Cardholder, these Terms are separate and independent from your Talbots Credit Card Account Agreement (your “Account Agreement”), which governs the use of your Talbots Credit Card.

Opt-in: To enroll in the Program, subject to the Program Eligibility requirements outlined in above, you can join the Program in one of the following ways:

Right to withdraw from the Program: You have the right to withdraw from the Program at any time. You may cancel your participation in the Program at any time by calling us at 1.800.825.2687.

We administer the Program in accordance with the California Consumer Privacy Act of 2018 (CCPA).

Program participation gives benefits to our customers in the form of discounts and Rewards. The value Talbots derives from the Program is increased customer engagement, which benefits Talbots in a variety of ways, including increased customer feedback, building customer loyalty and customer retention. Based on current information available and based strictly on a calculation of the delta between average annual purchases by Program participants versus non-participants, the average value of the consumer’s data collected in connection with the Program is a little over $300 per Program participant per year.