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Change in Terms Effective September 27, 2021

MORE Rewards Loyalty Program Terms & Conditions

These Terms & Conditions (“Terms”) govern membership in the MORE Rewards Loyalty Program (the “Program”), while the cardholder agreements for the Bealls Family of Stores Credit Card govern cardholders’ use of those account(s).  In these Terms, “You” and “Your” mean the Member.  “Bank” means Comenity Bank or its assignees.  “Reward” means the coupon received in the Program after earning points as established in these Terms.

IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT BEALLS FAMILY OF STORES’ LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND THROUGH FINAL AND BINDING ARBITRATION. 

PLEASE READ THESE TERMS CAREFULLY FOR IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN THE PROGRAM.  BY ENROLLING AND PARTICIPATING IN THE PROGRAM, YOU AGREE TO THE BELOW TERMS.

  1. General: The Program is a loyalty program that is affiliated with Bealls, Bealls Outlet, Burkes Outlet, and Home Centric retail brands (collectively “Bealls Family of Stores,” “We,” “Our,” or “Us”).  The Bealls Family of Stores is solely responsible for Program operation and may withdraw the Program or change the Terms of the Program at any time with or without notification. The purpose of the Program is to reward customers for shopping at Bealls Family of Stores and includes an incentive for using their Bealls, Bealls Outlet, or Burkes Outlet Credit Card (collectively, “Bealls Family of Stores Credit Card”). By enrolling in or otherwise participating in the Program, You acknowledge that You have read and understood these Terms and that You agree to be bound by such Terms. These Terms constitute a legally binding agreement between the Bealls Family of Stores and each individual who enrolls, or attempts to enroll, in the Program.  
  1. Definitions:  Definitions can be found throughout this document; additional definitions can be found below:
    1. Customer Care Team: Team that handles customer requests and customer service. The Customer Care Team may be reached at (800) 683-8655, Monday – Saturday from 9am – 6pm EST; Sunday from 10am – 5pm EST, or by Live Chat. 
    2. Qualifying Purchases: mean purchases of Bealls Family of Stores merchandise/goods and services minus any returns, refunds or credit adjustments by a Member. Authorized buyers on the Bealls Family of Stores Credit Card can use their own Loyalty Member ID to earn Points for Qualifying Purchases using their Bealls Family of Stores Credit Card.  Qualifying Purchases are calculated using a net formula and include all purchases, including regularly priced, sale and clearance-priced merchandise.  Qualifying Purchases include redemption of gift cards/gift certificates, redemption of mall certificates, agency vouchers, redemption of virtual gift cards, and redemption of Visa/MasterCard/Discover/American Express gift cards. Qualifying Purchases do not include discounts from a Reward, Program coupon, promotional coupon, associate discount, purchase of gift cards/gift certificates, redemption of merchandise return card/certificate, tax free charitable donations, exchanges, voided returns, refunds, sales tax, state fees, shipping charges, surcharges, delivery charges, or other excluded charges specified by the Bealls Family of Stores from time-to-time.  If the Bealls Family of Stores determines that purchases are, or were, made with the intent for resale, the purchase(s) will no longer be considered a Qualifying Purchase and will either not be added to Your Rewards account or will be removed from Your Rewards account. 
    1. Member: means a Program applicant who has been enrolled and accepted into the Program (hereinafter, referred to as “Member,” “You,” or “Your”).
    1. Websites: Bealls Family of Stores each have individual web addresses and they are as follows: 
      1. www.beallsoutlet.com;
      2. www.burkesoutlet.com;
      3. www.homecentric.com; and
      4. www.Bealls.com
    2. Phone Number: means a unique and valid 10-digit number assigned to a telephone line for a specific phone or set of phones that is used to call that phone. 
  1. Eligibility. an applicant is eligible to enroll and participate in the Program upon meeting the following minimum criteria: (a) is 18 years of age or older; (b) legally resides in the United States, Canada or Puerto Rico; (c) is not a Bealls Family of Stores employee; (d) is not a commercial customer; and (e) is not an individual purchasing items for resale. 
  2. Enrollment.  Enrollment may be accomplished through the following registration means: (i) register at check-out at any Bealls Family of Stores; (ii) register online at any of the Bealls Family of Stores Websites, or (iii) register by calling Our Customer Care Team.  You must provide your name, phone number, date of birth, and current zip code to enroll in the Program at Bealls Outlet, Burkes Outlet and Home Centric.  At Bealls Stores, enrollment will require a first and last name, phone number, date of birth, current zip code and a unique email address.  To streamline the application process, the Bealls Family of Stores may, except where prohibited in certain states, swipe or scan the back of your driver’s license for your name, address, and date of birth; the driver’s license swipe only captures the information necessary to complete the Program’s application. Additionally, all current and new Bealls Family of Stores Credit Card cardholders will be automatically enrolled in the Program, subject to credit approval.    
  1. Opt-In/Privacy – By enrolling in the Program, You are agreeing to receive Program communications, including email, SMS text and social postings from all Bealls Family of Stores brands.  You are also giving permission to the Bealls Family of Stores to use your transaction and profile data to send personalized Program communications and special offers.
  2. Privacy Policy:  The Bealls Family of Stores values the privacy of its customers. By enrolling in the Program, You agree to the terms of the Bealls Family of Stores privacy policy, which can be found here: Privacy Policy.
  3. Loyalty Member ID: Your Phone Number will be Your Program Member Identification Number (“Member ID”), which is linked to your loyalty account and will be utilized to record Rewards progress.   
  4. Earning Points:  Members earn Points as follows:
  1. Rewards may be earned by Members by making Qualifying Purchases in-store or online, or in other ways as determined by the Bealls Family of Stores, in its discretion.
  2. Points Structure:  Five-dollar ($5.00) Reward will automatically be issued for every 200 points earned. 
      1. 2 points = $1 Net Spend (as defined below in Section 8.a.iii) on Qualifying Purchases made on the Bealls Family of Stores Credit Card.
      2. 1 point = $1 Net Spend on Qualifying Purchases made with any other qualified form of payment.
  3. Net Spend:  Net Spend means purchases of goods and services made by You minus any merchandise returns, refunds or credit adjustments.  Merchandise Returns are defined below in Section 8.a.iv.  Points are calculated at the item level and are rounded to the nearest whole number.  Qualifying Purchases at the item level are rolled up for any Qualifying Purchase ending $.50 or greater and rounded down for any item ending $.49 or less. Upon issuance of a Reward, Member’s Qualifying Purchase balance will be reduced accordingly.
  4. Merchandise Returns:  If You return merchandise and are identified as a Program Member, the points You earned from that purchase will be deducted from Your current purchase activity balance. Bealls Family of Stores has the right to deduct purchases from Your purchase activity balance for charges that were not, or do not remain, Qualifying Purchases.   If your points balance goes negative, You must first earn points to bring Your points balance to zero before earning any points eligible for redemption. Exchanges and voided returns are not considered Qualifying Purchases; therefore, points are not affected during these types of transactions. If You make an exchange, You will not receive points nor lose points from the transaction. When You make a Merchandise Return and it is voided afterward, You will receive the prorated dollar amount indicated on the receipt; however, You will not receive your points back.
  5. Point Value and Expiration:  Points earned have no cash value and may not be used as payment of any outstanding obligation to the Bank or its affiliates or to Beall Family of Stores.  Points expire on a rolling 12-month basis at the end of the 12th month in which they were earned.  For example, if You earned points on October 1, 2021, and those points have not been applied towards a Reward by October 31, 2022, those points will expire and be deducted from Your account as of November 1, 2022.
  6. The Program may offer certain benefits based on the Member’s redeemable points balance (that is points that have not previously been redeemed for a Reward). From time to time, Bealls Family of Stores may establish (at its sole discretion) Program criteria pursuant to which Members may “earn” points (such as, for example: by providing more information online at the Account Center, by writing reviews on products purchased; by engaging in certain specified activities like watching videos; by engaging in certain specified activities related to social networks).
  7. If You provide Your Member ID (10-digit Phone Number) and/or use Your Bealls Family of Stores Credit Card at the time of completing an in-store purchase, the points on the purchase will be posted to your Program account within 48 hours from the time your transaction was made. Bealls Family of Stores will not make any adjustments to the number of points in your account after 30 days from the date of purchase as stated on the receipt. If You do not provide Your Member ID when completing Your in-store purchase, You may request credit for Your purchase within 30 days by calling Customer Care Team at 800-683-8655 during business hours. You must have Your receipt and be able to provide the transaction number located at the bottom of the receipt to receive credit. After We have confirmed Your purchase was eligible to receive points, no points have already been awarded, and that no merchandise return has occurred, the appropriate number of points will be added to Your Program account.
  8. If You are logged in to any of Your Bealls Family of Stores Websites at the time of Your online purchase or engagement, the points earned on the purchase will be posted to Your Program account within ten (10) days of the purchase. Members must be signed into their online account prior to completing a purchase at Bealls.com, Beallsoutlet.com, Burkesoutlet.com or HomeCentric.com to receive points for Your purchase.
  9. For mail orders, special orders, online and other purchases, We may not issue points to Your account until items purchased have shipped. Bealls Family of Stores reserves the right to make corrections to the number of points in Your Program account to ensure accuracy.
  10. Bonus Points: From time to time, We may make special offers to You to earn additional points referred to as bonus points.  Bonus Point promotions are subject to the terms and conditions of the offer.  Read each offer carefully for applicable limitations and exclusions.  Bonus Point offers may not be combined with any other offer.  Your purchase must be completed, and the transaction posted to Your Bealls Family of Stores Credit Card account during the special offer period.  Please be aware that your Bealls Family of Stores Credit Card account may not be charged until your order has shipped.  Making a return in the same transaction as your purchase during special offer periods may result in earning fewer points.  Tax and shipping charges are excluded from special offers.
  11. Member acknowledges and agrees that:
      1. Points have no “real world” or cash value.
      2. Points have no purpose or use except in exchange for benefits or privileges (if any) offered by Bealls Family of Stores via the Program.
      3. Redemption offers may be time-limited or available only in limited quantities.
      4. Member's Points cannot be redeemed by, or sold, or otherwise transferred to any other Member of this Program.
      5. Upon termination of Member’s enrollment in the Program for any reason, all points and unfulfilled Rewards are forfeited to the extent permitted by law, regardless of how they were acquired by Member.
      6. The ability of Bealls Family of Stores to accurately credit points to Member’s account based on Member’s activities at social networking sites may be restricted by the terms, conditions, or functions of such sites. It may also be restricted by a Member’s own privacy settings on social media sites.
      7. Points are not valid unless earned in strict compliance with the requirements as established and intended by Bealls Family of Stores and Member shall not attempt to earn points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements.
      8. Bealls Family of Stores’ good faith determination of the number of points available to any Member hereunder shall be final and binding.
  1. Issuance of MORE Rewards:  MORE Rewards are one of the Rewards Bealls Family of Stores may offer as part of the Program. Rewards are issued when you earn a specified number of points as stated below. Points are calculated at the time you make a Qualifying Purchase and if earned, a Reward is issued. The Reward is valid at 12:01 AM on the next calendar day. There are rare occasions the system will be offline, and the Reward is issued and posted later, within 72 hours of the day earned. See below for reward structure:
  1. 200 points = $5 Reward
  2. 400 points = $10 Reward
  3. 600 points = $15 Reward
  4. 800 points = $20 Reward
  5. 1000 points = $25 Reward
  6. 1200 points = $30 Reward
  7. 1400 points = $35 Reward
  8. 1600 points = $40 Reward
  9. 1800 points = $45 Reward
  10. 2000 points = $50 Reward

If You earn a Reward, Bealls Family of Stores may notify you by email at the email address you provided at the time of enrollment in the program or have provided in your Bealls online shopping account. If you elect to not receive Bealls Family of Stores Program emails, you will not receive a Reward via email. You will be able to access your Rewards in your Bealls Family of Stores online shopping account.   Members will see the ‘New Points Balance’ on the purchase receipt. When the ‘New Points Balance’ is 200 or more, you will be issued a Reward. The Reward is valid at 12:01 AM on the next calendar day. There are rare occasions the system will be offline, and the Reward is issued and posted later, within 72 hours of the day earned. Rewards are valid for 60 days.

Once a Reward is issued, the points used to obtain it will be deducted from Your purchase activity balance. For in-store purchases, You must provide Your Member ID in order to link Qualifying Purchases to Your Rewards account.  Reward and purchase activity balance may be obtained via Member’s in-store checkout receipt, in Member’s Rewards account online at any of the Bealls Family of Stores Websites, or by contacting the Customer Care Team. 

We suggest that You add rewards@email.bealls.com to your spam filter to ensure delivery. Bealls Family of Stores has no responsibility for ensuring that You have received emails We send to You.  Bealls Family of Stores may also send You reminders to use Your Reward before it expires, or other promotional offers related to the Program via email.

  1. Redeeming Rewards: Members may redeem their Rewards earned from Qualifying Purchases in-store at any Bealls Family of Stores by providing a Bealls Family of Stores sales associate Your Member ID. You may apply up to ten (10) Rewards in one in-store transaction.    MORE Rewards may be combined with other Bealls Family of Stores coupons, certificates or offers toward the purchase of products including the 10% Monday Discount (Bealls Outlet, Burkes Outlet and Home Centric Stores) and 10% Tuesday Discount (Bealls Stores).  10% Monday and 10% Tuesday Discounts are only for in-store purchases. Members with online accounts may redeem up to one (1) Reward, per online purchase,at burkesoutlet.combeallsoutlet.combealls.comhomecentric.com.

The redemption of Rewards is subject to the following:

  1. No Cash Value: Rewards have no cash value and are not redeemable for cash. Each Reward may only be used once. No change or monetary currency will be given for Reward redemption. Rewards cannot be used as payment towards a Bealls Family of Stores Credit Card account, nor may they be applied to prior purchases.
  2. No Partial Redemptions: If the price of your purchase is greater than the amount of the Reward, You will need to pay the remaining cost of the merchandise. If the price of your purchase is less than the amount of the Reward, the unused portion of the Reward will be forfeited. The Reward amount cannot be used on tax free charity donations, sales tax, state fees, shipping charges, surcharges, delivery charges, or other excluded charges.
  3. Reissue of Rewards upon Merchandise Return: Return of a purchase where a Reward(s) was redeemed will result in a reissuance of a Reward return credit equal to the prorated amount of the Reward(s) for the returned items. Valid dates for the reissued Reward(s) will match the expiration period of the original Reward and Rewards will not be reissued where the original expiration date has expired.
  4. Reissue of Rewards for an Unfulfilled Online Order: When an online purchase is made where a Reward was redeemed and the order cannot be fulfilled, there will be a reissuance of a Reward return credit equal to the prorated amount of the unfulfilled portion of your order.  Valid dates for the reissued Reward will match the expiration period of the original Reward.  There is no reissue of the Reward if the Reward has expired at the time the refund is processed.
  5. Reward Expiration: Rewards will expire at 11:59 PM Eastern Time 60 days after date of issuance. Birthday Reward will expire at 11:59 PM Eastern Time on the last day of the related birthday month.
  6. No Replacement for Lost or Stolen Rewards or Program Coupons:  Lost, stolen or expired Rewards or Program coupons will not be replaced/reissued.
  7. Redemption by Member: Points for Qualifying Purchases made at the time a Reward is redeemed for purchase amount greater than the value of the Reward will be applied to the purchase activity balance of the Member who is making the purchase.
  8. Rewards Are Non-Transferrable: Rewards are non-transferrable and may not be combined among Members or conveyed by any means to anyone, including to a Member’s estate or the Member’s successors and assigns. Purchase activity and Rewards are not transferrable by the Member upon death, as part of a domestic relations matter, or otherwise.
  9. Reward Redemption Order: Rewards, coupons and discounts shall be applied in the following order: percent discount off item; dollar discount off item; percent discount off transaction; and finally, dollar discount off of transaction.
  10. Additional Exclusions:  Additional exclusions may be specified on the MORE Reward or Program coupon at the sole discretion of Bealls Family of Stores.  Please see your Reward or coupon for additional exclusions or restrictions.      
  1. Other Program Benefits:   
  1. Monday Discount:  Members will receive a 10% discount on Mondays, in-store only at Bealls Outlet, Burkes Outlet and Home Centric Stores; not valid for online purchases on any of the Bealls Family of Stores websites.  Rewards will be applied before the 10% discount. Monday Discount may be combined with a new Bealls Family of Stores Credit Card cardholders account activation discount when opened on Mondays, subject to credit approval. 
  2. Tuesday Discount:  Members will receive a 10% discount on Tuesdays, in-store only at Bealls Stores; not valid for online purchases on any of the Bealls Family of Stores websites.  Rewards will be applied before the 10% discount. Tuesday Discount may be combined with a new Bealls Family of Stores Credit Card cardholders account activation discount when opened on Tuesdays, subject to credit approval. 
  3. Birthday Reward:  Members will automatically receive a non-transferrable 15% discount Reward, redeemable in-store OR online at any of our Bealls Family of Stores websites to be used on any one purchase transaction any one day of the Member’s birth month.  Members who enroll on or after the 26th calendar day of their birth month, will be ineligible to receive a Birthday Discount during the year of the Member’s enrollment. The Birthday Reward may be combined with other offers, unless otherwise specified by the Bealls Family of Stores.  
  4. Special Bonus Offers:  The Program may offer certain benefits where Members may have the opportunity to qualify for Special Bonus Offers, eligibility of which is determined by the Bealls Family of Stores. The Bealls Family of Stores reserves the right to make promotional offers available to select Members based on use of the Bealls Family of Stores Credit Card, the status of their Bealls Family of Stores Credit Card, purchase activity, geographic location, Program participation, and/or information supplied by the Member. 
  1. Member Rules and Conduct:
    1. Membership is limited to personal use only. Only one membership per person, per Phone Number will be allowed. Membership is non-transferable and is subject to present and future Program rules, at the Bealls Family of Stores’ discretion. The Bealls Family of Stores reserves the right to approve, deny, or revoke membership in the Program for any individual, for any reason whatsoever, and may change its eligibility criteria at any time, at its discretion.
    2. Member agrees to abide by all applicable local, state, national and international laws, regulations and rules. Without limiting the foregoing, Members shall not use the Program for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information.
    3. As a Member, You are responsible for maintaining accurate contact information. Each Member agrees not to create more than one Member account by any manual or automated means or under false or misleading pretenses including under another person's name, address, Phone Number, email address, credit card information or any other information that could be used to impersonate that person or create multiple memberships. Each Member is solely responsible for all acts or omissions that occur under his/her account, username or password.
    4. As a Member, You may monitor your Reward progress, transaction history, and manage and update your account by signing into your MORE Rewards account online at any of the Bealls Family of Stores Websites.
  2. Prohibited Use: Any unauthorized use of the Program is expressly prohibited. Prohibited uses of the Program include, but are not limited to, any use which is: unauthorized; unlawful; commercial in nature (e.g., reselling merchandise, sending or selling content or information to third parties, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture); barred by these Terms; barred by the terms set out in Bealls Family of Stores Credit Card Agreement(s); or, any other purpose not reasonably intended by the Bealls Family of Stores. Sale or barter of Rewards, offers, or products is prohibited.
  3. Withdrawing from the Program: You may cancel Your membership on the Bealls Family of Stores Websites or by contacting the Customer Care Team. Upon cancellation of membership in the Program, You will no longer receive any future communication from the Program. Upon cancellation, your membership will be deactivated, and all remaining purchase activity and unused Rewards will be forfeited. To opt back in or reactivate your account, You must contact the Bealls Family of Stores Customer Care Team, but in no event will You receive credit for prior purchase activity or prior forfeited Rewards.
  4. Bealls Family of Stores Discretion:
    1. The interpretation and application of these Terms are at the sole discretion and application of the Bealls Family of Stores. 
    2. The Bealls Family of Stores reserves the right to change, limit, modify, add, withdraw, amend, cancel, terminate or otherwise change the Program, including its Terms, Rewards, offers, benefits, eligibility, at any time, at its sole discretion, with or without notice to Members. 
    3. Members who do not comply with these Terms, or who engage in any other improper conduct as determined by the Bealls Family of Stores, in its sole discretion, may result in suspension, cancellation or termination of the Member’s Reward Program account, including forfeitures of all purchase activity and devaluation of unused Rewards or other benefits issued to You under the Program. The Bealls Family of Stores, in its sole discretion, and without limitation to its other rights and remedies, may fully seek prosecution of abuse of the Program to the fullest extent of the law.
  5. Third Party Sites: The Program may permit Members to access the Program from the Bealls Family of Stores Websites and it may permit Members to access other websites on the internet which may belong to entities not controlled by the Bealls Family of Stores and Member acknowledges and agrees that the Bealls Family of Stores is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by the Bealls Family of Stores or any association with its operators. Additional or different terms and conditions may apply when Members are accessing and using such other websites.
  6. Participation in Promotions of Affiliates: Any dealings between Members and advertisers or other vendors (collectively, “Program Affiliates”) via the Program, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the Member and the Program Affiliate or other third party. The Bealls Family of Stores is not responsible or liable for any part of any such dealings or promotions.
  7. Intellectual Property: The Bealls Family of Stores logo, MORE Rewards Program logo, and other logos and taglines are the intellectual property of the Bealls Family of Stores. Artwork, photography, and logos, including the logos and taglines used in conjunction with the MORE Rewards Program, on this website or in print, are copyrighted intellectual property of the Bealls Family of Stores. These logos and materials may not be used, reproduced, replicated, or doctored in any manner without the express written consent of the Bealls Family of Stores.
  8. Proprietary Rights:
    1. Member acknowledges and agrees that the Program and all content and materials created by or for the Bealls Family of Stores and made available on the Program are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and the Bealls Family of Stores (and its licensors) shall own and retain all rights, titles and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by the Bealls Family of Stores, each Member agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Program or such content and materials. However, unless the Program otherwise restricts the Member from doing so, Member may print or download a reasonable number of copies of the materials or content from the Program for the Member's personal, noncommercial purposes; provided, that Member retains all copyright and other proprietary notices contained therein.
    2. Reproducing, copying, or distributing any content, materials, or design elements from the Program for any purpose not expressly permitted in the Terms is prohibited without the Bealls Family of Stores express prior written permission. Attempting to access or use the Program content or materials for any purpose not expressly permitted in the Terms is prohibited.  Systematic retrieval of data or other content from the Program by any Member to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without the Bealls Family of Stores’ express prior written permission.
  9. Disputes about Program Account Ownership: In the event of a dispute over ownership of a Program account, the Bealls Family of Stores will construe ownership of the account to belong to the verified account holder of the Phone Number on record. All decisions made by the Bealls Family of Stores concerning disputed account ownership are final and conclusive in each case and in Bealls Family of Stores’ sole discretion.
  10. Interpretation of Program Terms: The Bealls Family of Stores reserves the right to interpret and apply all policies and procedures contained in these Terms. All decisions about the interpretation or application of these Terms by the Bealls Family of Stores are final and conclusive in each case.
  11. Limited Liability: NEITHER PARTY WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON EITHER PARTY’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, BOTH PARTIES WILLINGLY AGREE THAT THEY HAVE RELINQUISHED THEIR RIGHTS TO SEEK THESE DAMAGES FROM THE OTHER PARTY AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
  12. Taxes: You are solely liable for any applicable federal, state, or local income, sales, use, or other taxes arising out of the accrual or use of Rewards. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.
  13. Contacting You: You authorize Us and Our affiliates, agents, representatives, assigns and service providers (collectively, the “Messaging Parties”) to contact You on Your Phone Number or via automated email systems in order to provide You with information about these Terms and Your participation in the Program, including without limitation information about Program benefits, participation or any other matter. You understand that a third party may intercept the messages intended for You and You agree that neither the Bealls Family of Stores, nor its Messaging Parties, will be liable for such interception. You further understand that, when You receive a telephone call or email, You may incur a charge from the company that provides You with telecommunications, wireless and/or Internet services, and You agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. You understand that, at any time, You may withdraw your consent to receive calls to your Phone Number or to receive artificial or pre-recorded voice message system calls by contacting Our Customer Care Team or modifying your settings on the Bealls Family of Stores Websites.
  14. Severability: If a court of competent jurisdiction or any government agency determines that any provision of these Terms (other than any part of the Arbitration provision(s) set forth herein) is invalid or unenforceable, the remaining provisions shall not be affected thereby. If reformation is permitted under applicable law, such provisions shall be reformed only to the extent necessary to make it enforceable and enforced as if it had been in its reformed state when entered into.
  15. Governing Law: These Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflict of law provisions. By becoming a Program Member, You knowingly and voluntarily submit to the personal jurisdiction of and venue in the appropriate court physically situated in Manatee County, Florida. You further agree that any cause of action arising under these Terms shall be exclusively brought in such courts, notwithstanding the Arbitration provision(s) set forth herein. You also agree that all disputes, claims, and causes of actions arising out of or in any way related to the Program will be resolved individually, without resort to any form of class action or representative action.
  16. Individual Arbitration of Disputes:
    1. You (including for the purposes of this Section, but not limited to, enrollees in the Program) and the Bealls Family of Stores each agree that any dispute, claim or controversy arising from or relating to the Program or these Terms shall be resolved by individual binding arbitration, and not through litigation, unless the claim is properly filed in a small claims court on an individual basis. The arbitrator’s authority to resolve claims and make awards is limited to claims between You and Us alone. Furthermore, claims brought by You against Us or by Us against You, may not be joined or consolidated in arbitration with claims brought by or against someone other than You, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. THIS MEANS THAT NEITHER US, NOR YOU, WILL HAVE THE RIGHT TO FILE OR PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE ACTION RELATING TO THE PROGRAM, AND THAT ANY ARBITRATION PROCEEDINGS WILL BE LIMITED TO THE CLAIMS BETWEEN YOU AND US. BOTH YOU AND US ARE GIVING UP ANY RIGHT YOU AND US MAY HAVE HAD TO A JURY TRIAL, AND ALL OTHER RIGHTS THAT YOU OR US WOULD HAVE IN COURT THAT ARE NOT AVAILABLE IN ARBITRATION.
    2. This Arbitration Provision is intended to apply as broadly as possible, and to include all parties and claims that would be included in a case brought in court. Thus, the Arbitration Provision also requires arbitration as to any other corporate or natural persons who are parties to the claim, such as Our corporate affiliates and vendors, and members of Your family. The Arbitration Provision also applies to claims of every kind and nature, including but not limited to counterclaims, cross-claims and third-party claims, and claims based upon torts, statutes, regulations, common law and equity. However, any dispute over the validity, enforceability or scope of this Arbitration Provision shall be decided by a court, not an arbitrator.
    3. You or We may commence an arbitration proceeding by following the rules then in effect for either JAMS or the American Arbitration Association (AAA), as selected by the party commencing arbitration. For a copy of the rules, to file a claim or for other information, contact either JAMS (jamsadr.com or 800-352-5267) or AAA (adr.org or 800-778-7879). In addition to JAMS and AAA, claims may be referred to any other arbitration organization that is mutually agreed upon in writing by You and Us, or to an arbitration organization or arbitrator(s) appointed pursuant to § 5 of the Federal Arbitration Act (FAA) as it may be amended, provided that any such organization and arbitrator(s) will enforce the Terms of this Arbitration Provision. This Arbitration Provision is made concerning transactions involving interstate commerce and shall be governed by the FAA. If there is a conflict between the applicable arbitration rules and this Agreement, this Agreement shall govern. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, shall honor claims of privilege recognized at law, and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. The arbitrator shall take reasonable steps to preserve privacy and confidentiality. Judgment on any arbitral award may be entered in any court having jurisdiction.
    4. If there is an in-person Arbitration hearing, it shall take place in the judicial district physically situated in Manatee County, Florida.
    5. You will be responsible for paying Your share, if any, of arbitration fees, but only up to the amount of filing fees You would have paid to file a claim in the state or federal court closest to Your residence. We will be responsible for any additional arbitration fees, even if We win the arbitration.
    6. If You do not want to be bound to the arbitration agreement in this Section, You must opt out of it within 30 days of (a) enrolling in the MORE Rewards Loyalty Program in-store or, (b) becoming a Member through online enrollment, when You complete the online enrollment process. To opt out of this arbitration agreement, You must send a letter or postcard to the Bealls Family of Stores Headquarters, to the attention of the “Marketing Department, MORE Rewards” and state that You do not want to be bound by this Arbitration Provision. The address is: 700 13th Avenue East, Bradenton, FL 34208.
    7. This Arbitration Provision shall survive termination of the Program or your MORE Rewards Program account and any bankruptcy by You or Us. If any portion of this Arbitration Provision or these Terms is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision or these Terms; provided, however, that the entire Arbitration Provision shall be invalidated if the requirement of arbitration solely on an individual (non-class) basis is deemed invalid or unenforceable.
  17. California Residents:  The Bealls Family of Stores does not discriminate against any California consumer that exercises a right under the California Consumer Privacy Act of 2018, as amended, in connection with any Program benefits set forth herein.
  18. Waiver: We can delay enforcing Our rights under these Terms without losing them. In addition, Our failure to exercise Our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of Our rights for any future occasion. All waivers must be in writing.
  19. Complete Agreement: These Terms contain the entire understanding between You and Us regarding the Program.
  20. Prior Terms: These Terms supersede all previously published Terms in their entirety.  For information about Your account, these Terms, or any other Program-related questions, please visit the Bealls Family of Stores Websites and/or contact the Bealls Family of Stores Customer Care Team.  PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE BEALLS FAMILY OF STORES WEBSITES FREQUENTLY FOR CHANGES TO THESE TERMS.
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