TILLYS REWARDS - TERMS OF USE

Tillys Rewards are offered only to legal residents of the 50 United States, the District of Columbia and Puerto Rico. Tillys Rewards program makes available to registered users virtual points (“Member Points”) and virtual rewards (“Rewards”). The receipt and use of Member Points and Rewards are governed by these Terms of Use. By registering for or participating in Tillys Rewards, you agree to these Terms of Use and our Privacy Policy.

MEMBERSHIP

No purchase is necessary to join the Tillys Rewards program.

Electronic Transactions

By using the Site, you agree to transact electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.

In order to access, fulfill and retain the following electronic forms, your computer must be equipped and compatible with the most common operating systems and internet browsers. This would include:

- Windows, Mac OS X, Linux, Apple iOS, and other major operating systems.
- Microsoft Internet Explorer version 8 and later, Mozilla Firefox - latest version, Safari latest version + tablet versions, Chrome latest desktop version.

After authorizing the use of your electronic signature, you may still withdraw your consent. To do so, you must contact Tillys for their withdrawal procedures and to understand any consequences or fees which may apply.

Registration and Account Access.

You must be thirteen (13) years or older and a resident of the United States, the District of Columbia and/or Puerto Rico to be eligible for membership. Membership in the Program is limited to individuals only and is limited to one account per individual. Persons between the ages of thirteen (13) and eighteen (18) ("Minors") must obtain their parent' or legal guardians' consent prior to participation. By signing up for Tillys Rewards, you agree (or, if you are a Minor, your parent or legal guardian agrees) to be bound by these terms and conditions. The Program is void where prohibited by law. A person may not be a member of more than one Tillys Rewards Program. Members are entitled to only one Member Account.

To be eligible to receive Member Points and Rewards, you must register a valid email address online at www.tillys.com/rewards or at any Tillys store location.

To access your Member Points, Rewards and account information, you must be a registered Tillys Rewards member and comply with these Terms of Use. You are responsible for maintaining the security of your account and password and making sure that no one besides you has access. You are responsible for all activities that occur under your account. You are also responsible for keeping your personal information on your Account up-to-date by visiting our website www.tillys.com/rewards (the “Website”) and logging into your account.

Providing Information.

To enroll and register your Tillys Rewards account, you must provide a valid email address, your first name, last name, home address, mobile phone number, online Tillys account password, gender and birthday. If you choose to provide such information to Tillys, you do so voluntarily, as you can instead decide not to enroll in Tillys Rewards. Once you are a registered user of the Website and have logged into your account, the "My Account" link will allow maintenance of both site registration and Program associated information. Tillys may also obtain change of address updates from other sources such as the U.S. Postal Service but is not obligated to do so. The information you provide as a member of the Program will be handled according to Tillys’ privacy policy. To learn more about Tillys’ Privacy Policy, please visit Tillys.com.

Communications

By providing your telephone number, you are providing express written consent to receive communications from Tillys, (including its affiliates, agents, service providers, and affiliates for the purposes as defined above) for any purpose, including but not limited to marketing various products and services from both Tillys and companies Tillys has joint marketing agreements with. Additionally, you agree to receive communications from Tillys regarding your Membership Account, or any products you may have obtained from Tillys. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means. (Note: regardless of whether your phone number is registered on a state or federal Do Not Call list.) You agree that Tillys is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number. Should you wish to stop receiving text or SMS messages to your mobile phone number, you may text “STOP” in response to any text you receive from Tillys to unsubscribe from such messaging

Online Account Maintenance

Once you are a registered user of the Website, you may view a summary of your Account on the Website. After logging onto the Website, simply click on the "My Account" link in the header of the Website homepage and change any information on your account. You may also view your Tillys Rewards points balance, transaction history and eligibility for bonus offers on the Website by logging in and clicking on the "My Rewards" link in the profile navigation.

Cancellation

You may cancel your Tillys Rewards membership at any time. Upon cancellation, any unused points accrued in your account will be forfeited and cannot be redeemed. You may cancel your Tillys Reward membership by calling customer service at (866) 484-5597 Monday – Friday 6am-7pm PST and Saturday – Sunday 8am – 5pm PST.

MEMBERSHIP POINTS

Members can earn Tillys Rewards points on the purchase of Qualifying Merchandise only at Participating Locations and on the purchase of Qualifying Merchandise Online. Qualifying Merchandise is any merchandise not listed in the Non-Qualifying Merchandise section of the Terms of Use. For all purchases, you must be a registered Rewards Member and use your registered email to get points for purchases and to receive refunded points.

Acquiring Member Points.

We may offer you the opportunity to acquire Member Points. Member Points are awarded to you without charge on a promotional basis. One Member Point will be awarded for each one ($1) dollar spent on qualifying merchandise (after all discounts and coupons are applied and excluding taxes). For in-store transactions, your account must be registered online, or you can sign up in the store. You must provide your email address at the time of purchase to receive Member Points for the transaction. For online purchases you must be logged into your registered account. Points are rounded up. Example, if you spend $15.99, you will receive 16 points. ($15.99 x 1 point per dollar = 15.99 points, which is then rounded up to 16 points.

Member Points will not be awarded for the purchase of gift cards, purchase of any non-merchandise items, redemption of merchandise vouchers, any type of price adjustments, returns, shipping fees, or for international orders. We will update your Member Points balance approximately five (5) days after each transaction occurs. We may restrict your receiving, use, and redemption of Member Points in any manner, at our sole discretion. Member Points cannot be transferred or gifted to any other user or third party and cannot be redeemed for cash. You do not own the Member Points and have no title, interest or property right in the Member Points. We reserve the right to change the way you may receive Member Points and/or to discontinue Tillys Rewards at any time.

Member Points expire three hundred and sixty-five (365) days after the last purchase activity.

Redeem Member Points

Redeeming your points is easy! Simply check the balance of your points at the bottom of your receipt or online when you sign in to your Tillys account under the “Rewards” section located under “My Account”.

Use your points towards the balance of your post-discount, pre-tax qualifying merchandise purchase. Points cannot exceed the post-discount, pre-tax subtotal of the qualifying merchandise items, rounded down. Example: Customer has 152 points equaling a $5.00 Reward.

- If Qualifying merchandise total = $4.99. 120 points can be used ($4.00 Reward)
- Or if Qualifying merchandise total = $5.99. 150 points can be used ($5.00 Reward)

30 points = ($1) to spend

Redeem Points Dollar off any qualifying merchandise
30 $1.00
60 $2.00
90 $3.00
120 $4.00
150 $5.00


AND SO ON...

*NOTE: The maximum amount of redemption dollars that can be redeemed in a single transaction is 30,000 points (equal to $1,000)

In Store: Ask a Tillys team member to apply your points at the register. Don’t know if you have points? No problem! By providing the email address you used to sign up for your account our team member can see what points you have available.

Online: You can redeem your points online by signing into your tillys.com account and checking the reward box on the payment page during checkout.

For questions regarding your Tillys Rewards call Customer Service at (866) 484-5597

Affiliates and Resellers

Affiliates and Resellers are not eligible for Tillys Rewards. Affiliates and Resellers cannot redeem rewards or generate rewards points. Products placed through an Affiliate or Reseller will not accrue points. If a Tillys Rewards member places a product order through an Affiliate or Reseller, Tillys Reward points will not be granted to your personal rewards account. To be eligible for points you must purchase your products through your own Tillys Rewards account.

Tillys Moola Reward

Earn Tillys Moola Reward

You can earn a Tillys Moola Reward by purchasing the qualifying threshold of pre-tax merchandise during the designated promotional period at any Tillys store or online at www.tillys.com. Minimum purchase thresholds to earn Moola do not include: the purchase of gift cards, non-merchandise, shipping & handling fees or taxes. Moola is earned on the qualifying merchandise total after all applicable discounts are applied. Qualifying purchases will be calculated and one Moola Reward will be issued up to the maximum discount of $100 off $300 (pre-tax merchandise purchase), per rewards member, for a future single purchase of qualifying pre-tax merchandise at any Tillys store or tillys.com.

Purchase Earn Moola
$60.00 - $119.99 $10
$120.00 - $180.00 $20
$180.00 - $240.00 $30
$240.00 - $300.00 $40
$300.00 - $360.00 $50
$360.00 - $420.00 $60
$420.00 - $480.00 $70
$480.00 - $540.00 $80
$540.00 - $600.00 $90
$600.00 - or more $100

Redeem Tillys Moola Reward

Your Tillys Moola Reward will be emailed at the end of the issuing period to the email address on the register rewards email account. You can redeem your Tillys Moola Reward by purchasing the qualifying dollar amount of eligible pre-tax merchandise during the designated promotional period dates shown on the TIllys Moola Reward at any Tillys store or online at tillys.com.

Moola Reward Purchase Discount
$10 $30.00 - or more $10
$20 $30.00 - $59.99 $10
$60.00 - or more $20
$30 $30.00 - $59.99 $10
$60.00 - $89.99 $20
$90.00 - or more $30
$40 $30.00 - $59.99 $10
$60.00 - $89.99 $20
$90.00 - $119.99 $30
$120.00 - or more $40
$50 $30.00 - $59.99 $10
$60.00 - $89.99 $20
$90.00 - $119.99 $30
$120.00 - $149.99 $40
$150.00 - or more $50
$60 $30.00 - $59.99 $10
$60.00 - $89.99 $20
$90.00 - $119.99 $30
$120.00 - $149.99 $40
$150.00 - $179.99 $50
$180.00 - or more $60
$70 $30.00 - $59.99 $10
$60.00 - $89.99 $20
$90.00 - $119.99 $30
$120.00 - $149.99 $40
$150.00 - $179.99 $50
$180.00 - $209.99 $60
$210.00 - or more $70
$80 $30.00 - $59.99 $10
$60.00 - $89.99 $20
$90.00 - $119.99 $30
$120.00 - $149.99 $40
$150.00 - $179.99 $50
$180.00 - $209.99 $60
$210.00 - $239.99 $70
$240.00 - or more $80
$90 $30.00 - $59.99 $10
$60.00 - $89.99 $20
$90.00 - $119.99 $30
$120.00 - $149.99 $40
$150.00 - $179.99 $50
$180.00 - $209.99 $60
$210.00 - $239.99 $70
$240.00 - $269.99 $80
$270.00 - or more $90
$100 $30.00 - $59.99 $10
$60.00 - $89.99 $20
$90.00 - $119.99 $30
$120.00 - $149.99 $40
$150.00 - $179.99 $50
$180.00 - $209.99 $60
$210.00 - $239.99 $70
$240.00 - $269.99 $80
$270.00 - $299.99 $90
$300.00 - or more $100

If the amount of the redemption purchase of qualifying pre-tax merchandise is less than the threshold to use the full value of the Moola Reward, any unused balance of the Moola Reward will be forfeited.

The value of your Tillys Moola Reward may be applied towards your total transaction. Your Tillys Moola Reward is valid for one time use only and must be presented in store at the time of purchase to redeem, or the code must be entered at online checkout. The Tillys Moola Reward cannot be redeemed for cash or a cash equivalent, applied to past purchases, used for purchasing gift cards, used with other offers or employee discounts, or for shipping fees. Tillys Moola Rewards are non-transferable, and are not for resale. If you return some or all of your merchandise purchased with a Moola Reward, the dollar value of the Moola Reward will not be refunded or credited back, or applied to another purchase. Any unused Tillys Moola Rewards remaining after the valid promotional period are forfeited.

For questions regarding your Tillys Moola Rewards call Customer Service at (866) 484-5597.

Tillys is not responsible for lost and/or stolen Tillys Moola Rewards.

Employees and Their Eligible Family Members.

Tillys employees and their eligible family members cannot combine Rewards with their employee merchandise discount. They are not eligible to be awarded points on in-store purchases (with or without an Employee Discount). If they are awarded points from on-line purchases which convert to Rewards, they may be redeemed in-store on an Employee Sale without the Employee Discount.

Affiliates and Resellers

Affiliates and Resellers are not eligible for Tillys Member points, Moola Rewards and Tillys Rewards. Affiliates and Resellers cannot redeem rewards or generate rewards points. Products placed through an Affiliate or Reseller will not accrue points. If a Tillys Rewards member places a product order through an Affiliate or Reseller, Tillys Reward points will not be granted to your personal rewards account. To be eligible for points you must purchase your products through your own Tillys Rewards account.

Value.

Member Points, Moola Rewards, and Rewards have no real-world and/or cash value, and are purely promotional. Rewards are not gift certificates or gift cards, and are not intended for gift-giving purposes. Rewards cannot be used retroactively for prior purchases. Unless and until you redeem your Rewards according to these Terms of Use by applying Tillys Rewards to a transaction at a Tillys store or online, you do not own or have any right, title or interest in your Rewards.

Taxes.

You are responsible for all applicable taxes, duties and/or other governmental fees (collectively, ‘taxes’) payable in connection with your receipt, redemption or use of Member Points or Rewards. If you do not pay the required taxes, you will be responsible for all payments of taxes that are later determined to be due. We reserve the right to collect applicable taxes from you at any time.

Un-Qualified Merchandise

TILLYS MOOLA REWARDS AND TILLYS REWARDS ARE NOT VALID WITH OTHER OFFERS; SALES ITEMS; DISCOUNTS; OTHER COUPONS; OTHER TILLYS MOOLA REWARDS; PROMOTIONAL CARDS; STORE ISSUED GIFT CARDS; STORE CREDIT; RED TAG MERCHANDISE; THE PURCHASE OF A GIFT CARD; PREVIOUSLY PURCHASED MERCHANDISE; OR SHIPPING. EXCLUDES ADIDAS, AMUSE SOCIETY, CHAMPION, CONVERSE, D'BLANC, HERSCHEL, HURLEY, HYDRO FLASK, LEVI'S, NIKE, NIXON, OAKLEY, RAINBOW SANDALS, RAY-BAN, AND VISSLA MERCHANDISE. OTHER EXCLUSIONS MAY APPLY.

Returns

Member Points will be deducted for returned items.

GENERAL

By joining the Tillys Rewards Program, you agree to be bound by the terms and conditions set forth in these Program rules, as well as the other relevant policies and disclosures related to the purchase of Tillys products which are found on our website.

Tillys reserves the right to cancel, modify, and/or restrict Tillys Rewards or any aspect of the Program, including, without limitation, the point conversion ratio and the point expiration policy at any time. You are responsible for remaining knowledgeable about the Program Terms and Conditions. A Member's points balance, as reflected in Tillys’ records, shall be deemed correct. Tillys reserves the right to determine the amount of points in any Member's account based on Tillys’ internal records related to such Member's account. In the event of an inconsistency between the amount accrued in a Member's account as stated on any Member's receipt and Tillys’ internal records, Tillys’ internal records will control. Tillys assumes no responsibility for errors caused by incorrect Member information.

Your right to transfer points earned or granted under the Program is strictly limited. The sale of points is prohibited and may result in the confiscation or cancellation of your points as well as suspension or termination of your membership, which in each case shall be final and conclusive. Tillys may revoke any Member's membership in Tillys Rewards at any time if such Member engages in abuse of the Program and/or fails to follow the terms and conditions of the Program. Fraud or abuse relating to the accrual of points or redemption of rewards may result in revocation of membership in the Program and may affect a Member's eligibility for participation in any other Tillys program. Tillys Rewards points are non-transferable and cannot be redeemed for cash. The interpretation and application of the Program's Terms and Conditions are at the sole discretion and determination of Tillys.

For information regarding Participating Locations or other questions, click on Contact Us or call Tillys Guest Services at 866-484-5597.

DISPUTES

Informal Dispute Resolution.

Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party thirty (30) days in which to respond. Notice shall be made by first class or registered mail (1) to Tillys at World of Jeans & Tops d/b/a Tillys, Attention: Legal Department, 10 Whatney, Irvine, CA 92618 or (2) to you at the postal address on file with Tillys. Both you and Tillys agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

Scope of the Arbitration Agreement



Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and Tilly's, Inc. ("Tillys") agree that any legal dispute between you and Tillys concerning or arising in any way out of your enrollment and participation in Tillys Rewards, any communications between you and Tillys, or your participation in any other program or service provided by Tillys (“Covered Claims”) shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. The term "dispute" means any dispute, action, claim, or other controversy between you and Tillys, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.

The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as “Excluded Claims”: (a) any claims that cannot be required to be arbitrated as a matter of law, to the extent exclusion from arbitration is required by California law, and claims or charges that must be filed with a governmental administrative agency); (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding ten thousand dollars ($10,000) or less brought on an individual basis and within a small claims court’s jurisdiction.

Any Excluded Claims arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the in the state and federal courts located in the City of Irvine, Orange County California, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

In the event You or Tillys chooses to pursue arbitration of both Covered Claims and Excluded Claims and the other party objects, the Covered Claims must be arbitrated.

In no event will Covered Claims be joined with Excluded Claims and litigated in court unless both parties agree to waive arbitration.

If a you violate the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of the this Section. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Section for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Section, including the Class Action Waiver.

How Arbitration Works

Either party may initiate arbitration, which shall 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, or the court shall select, another arbitration provider. Unless you and Tillys agree otherwise, any arbitration hearing shall take place in the county of your residence (as determined by your billing address on file with Tillys). If you live outside the United States, any arbitration will take place in Orange County, CA. Additionally, the parties agree that the AAA Rules are modified as follows:

(a) Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under California law.

(b) No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.

(c) All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.

(d) The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s).

(e) Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.

(f) The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.

(g) The Federal Rules of Evidence shall apply to all arbitration proceedings.

(h) For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.

(i) The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.

(j) The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.

(k) The parties may settle any dispute on a mutual basis without involvement of the arbitrator.

(l) You will pay the first $250, and Tillys will pay all other filing, administrative, or hearing fees. If you are an individual person and Tillys initiates arbitration, Tillys will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, You will remain responsible for Your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys’ fees and costs.

Waiver of Right to Bring Class Action and Representative Claims

All arbitrations shall 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 shall not affect any other customer. You and Tillys also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Tillys hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind (“Class Action Waiver”). If a court decides that the if the Class Action Waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in the City of Irvine, Orange County California, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Governing Law and Other Terms

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of California will govern. Tillys will provide notice of any material changes to this Arbitration Agreement. 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 or Class Action Waiver. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.