The Tilly’s Hook-Up Terms and Conditions

Revised: 12/30/2013

These terms govern your membership in The Tilly’s Hook-Up loyalty program (the “Hook-Up Program”). Please read these terms carefully. By enrolling in the Hook-Up Program, you agree to be bound by these terms, as well as the other rules, policies, and procedures of the Hook-Up Program. If you do not agree to any or all of these terms, do not enroll in the Hook-Up Program. If you disagree with any changes to these terms, please cancel your Hook-Up Program membership.

Eligibility

You must be 18 years old or older and a legal resident of the United States to join the Hook-Up Program. By enrolling and participating in the Hook-Up Program, you represent that you meet these eligibility requirements.

Joining the Hook-Up Program

You can join the Hook-Up Program in one of three ways: (1) through the Tilly’s mobile app (available on the Apple app store or on Google Play) by creating an account; (2) online at tillys.com/thehookup by creating an account, if you already have a tillys.com account, you are all set; or (3) at a Tilly’s store, by signing up with a sales associate and providing an e-mail address or telephone number.

Earning Points

You can earn points by shopping with Tilly’s online or at any Tilly’s store, connecting and sharing with Tilly’s on Facebook, and checking into Tilly’s stores and events, and as Tilly’s otherwise offers. You will earn 100 points for every $1 spent on a qualifying purchase. When earning points by shopping, you will earn points based on the amount of your subtotal.

Total points assigned for social interactions are limited to 600 points per month. You will not earn points on shipping, tax, or other fees. Gift card purchases and purchases using store credit are not eligible to earn points. Purchases made on tillys.com through our international shipper are not eligible for points. If you return a purchase for a refund, the points earned for that purchase will be deducted from your total points. To earn points, you must give the e-mail address associated with your account when making your purchase or add your points through your account within 90 days of your purchase. We may revise these exclusions from time to time, which will be reflected in changes to these terms.

Points you earn by shopping will be held in a “pending” status for 30 days. They are not redeemable during this period of time while Tilly’s reviews and, if necessary, corrects them. After 30 days of pending status, if they are confirmed by Tilly’s, the points will be activated and you may use them to redeem rewards.

Only one membership account may be used in connection with a purchase. Points will only post to one account per person. If you have more than one account, points earned from qualifying purchases and activities will be credited to the primary account designated by Tilly’s, in its sole discretion.

Using Points

Points can be used to redeem rewards available through the Hook-Up Program. Available rewards are listed at http://tillys.com/tillys/Hookup/Rewards.aspx along with the corresponding number of points needed to redeem each reward. You can redeem rewards by clicking on the “Redeem” button located by the product. The number of points used will be deducted from your account. Points cannot be used to make purchases in Tilly’s stores or on tillys.com. All redemptions of rewards are final and cannot be returned, exchanged, or substituted.

Available rewards are subject to change, to both the items available and the required points to redeem them, at any time in Tilly’s sole discretion. Points have no cash value and cannot be exchanged for cash. Points are not transferable. No points will be refunded at any time. Additional terms and conditions and restrictions, including, but limited to, expiration, disclosed when issuing the points may apply, so please review your points carefully when issued and check these terms often.

Contacting You

From time to time, Tilly’s may contact you with information about the Hook-Up Program and other offers and information that we think may interest you. By becoming a member of the Hook-Up Program, you agree to receive advertising, marketing materials, and other communications from Tilly’s. You may opt out from receiving marketing communications from Tilly’s at any time. To do so, click on the unsubscribe link in the bottom of the email and complete the opt out process or e-mail us at customerservice@tillys.com. If you opt out of receiving e-mails, you will still be eligible to participate in the Hook-Up Program, however you will not receive Hook-Up Program communications via email about offers and promotions within the Hook-Up Program. For more information about managing your information preferences, please see our Privacy Policy at http://www.tillys.com/tillys/privacy.aspx.

Privacy

Except as otherwise provided in these terms, Tilly’s Privacy Policy will apply to information you provide through the Hook-Up Program. By enrolling and participating in the Hook-Up Program, you agree to our Privacy Policy. To view our Privacy Policy, please go to http://www.tillys.com/tillys/privacy.aspx.

Cancelling Your Account

You can cancel your Hook-Up Program account at any time by emailing customerservice@tillys.com. Tilly’s reserves the right to terminate your Hook-Up Program account, and void any points accumulated in such account(s), if you, in Tilly’s sole discretion, violate any of these terms or any applicable law, earn points by deception, forgery, or fraud, or commit any other abuse of the Hook-Up Program. Once your account is cancelled or terminated, all of your points will be forfeited.

Additional Terms

Tilly’s reserves the right, without limitation, to terminate, change, limit, modify, or cancel any Hook-Up Program terms, conditions, rules, regulations, benefits, or points at any time, with or without notice, even though such changes may affect the value of already issued points or other benefits.

Disclaimer and Limitation of Liability

By participating in the Hook-Up Program, you release World of Jeans & Tops and Tilly’s, Inc. (together, “Tilly’s”), and each of their respective affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, fees, and other expenses (including, without limitation, attorney’s fees) arising from or relating to participation in the Hook-Up Program or agreement to these terms.

THE HOOK-UP PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TILLY’S DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE HOOK-UP PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TILLY’S WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE HOOK-UP PROGRAM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Venue and Choice of Law

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS OR THE RIGHTS AND OBLIGATIONS OF YOU OR TILLY’S IN CONNECTION WITH THE HOOK-UP PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. FOR THE PURPOSES OF ANY DISPUTES HEREUNDER, BY ENROLLING OR PARTICIPATING IN THE HOOK-UP PROGRAM, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE HOOK-UP PROGRAM SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR REPRESENTATIVE ACTION AND YOU CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN ORANGE COUNTY, CALIFORNIA.

Arbitration

By enrolling and participating in the Hook-Up Program, you agree: (i) that any and all disputes you may have with, or claims you may have against, Tilly’s relating to, arising out of, or connected in any way with (a) the Hook-Up Program, and/or (b) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Orange County, California; (iv) the arbitrator’s decision shall be controlled by these terms and any of the other agreements referenced herein that you may have entered into in connection with the Hook-Up Program; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or Tilly’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against you or Tilly’s; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Tilly’s exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Tilly’s agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator; (ix) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Tilly’s will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Tilly’s shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

Miscellaneous

In all matters relating to the administration of the Hook-Up Program, the decisions of Tilly’s shall be final. Tilly’s is not responsible for communication problems of any kind relating to the Hook-Up Program. Under no circumstances will Tilly’s be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. Except as otherwise provided under heading Arbitration, if any provision of these terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these terms and will not affect the validity or enforceability of any remaining provisions. The failure of Tilly’s to enforce any right or provision of these terms will not prevent Tilly’s from enforcing such right or provision in the future. These terms cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Tilly’s. Tilly’s may assign its rights and obligations under these terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE TILLY’S WEB SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.