The Hbc Rewards Program (the “Program”) is a customer rewards program offered by Hudson’s Bay Company, its subsidiaries and affiliates (“Hbc”) to customers of the Bay, Zellers or Home Outfitters (the “Stores” or each individually a “Store”) and Hbc.com, theBay.com,
Zellers.com and HomeOutfitters.com (the “Hbc Websites or individually each an “Hbc Website”), which came into effect on May 2, 2001.
2.
The Program catalogue/Rewards guide issued on May 8, 2009 (the “Current Catalogue”), will terminate at the close of business on May 31, 2010 (the “Termination Date”), unless extended or terminated earlier in accordance with these terms and conditions. These terms and conditions take effect on May 8, 2009 and shall be deemed to replace and take precedence over any previous version of the Program terms and conditions or the Club Z rules and regulations.
3.
Primary Members (as defined in section 14) will have until the Termination Date to order Program rewards (“Rewards”) from the Current Catalogue using the points accumulated in the manner described below (“Hbc Rewards Points” or “Points”) up to the Termination Date.
4.
Hbc may, in its sole discretion, terminate the Program or any catalogue/Rewards guide at any time. Termination of the Program or any catalogue will be made by providing 30 days notice.
5.
Hbc may, in its sole discretion, restrict, suspend, amend, extend or otherwise alter the Program or certain aspects of the Program (including the terms and conditions and any catalogue/Rewards guide), with or without notice.
6.
Where notice is given pursuant to any section of these terms and conditions (except as it relates to individual Accounts, as defined in section 14), it will be via store circulars, and/or notices posted in Stores, and/or a notice posted on the Hbc Rewards website (found at www.hbc.com/rewards).
Program Membership
7.
To participate in the Program, an individual must be a member of the Program (a “Program Member” or “Member”). Program membership is granted in Hbc’s sole discretion, and may be withdrawn in Hbc’s sole discretion with or without notification. An application for enrolment in the Program may be completed at a Store or via the Hbc Rewards website (found at www.hbc.com/rewards). Only one Hbc Rewards Program membership is available per customer.
8.
A Program Member must hold a valid membership card as described in section 14 below. Except for “Community Members” (as defined in the Community Program Terms and Conditions available on the Hbc Rewards website found at www.hbc.com/rewards and at the Hbc Rewards Customer Service desk of any Store), only an individual consumer may be a Program Member unless written approval is received in advance from Hbc.
9.
If in Hbc’s sole opinion, a Program Member abuses any of the Program’s privileges, fails to follow any of its terms and conditions, defaults in making any required account payments on an Hbc, Bay or Zellers credit card or Hbc co-branded credit card (individually or collectively, the “Hbc Credit Card”), or makes any misrepresentation to Hbc, Hbc may, in its sole discretion, revoke any or all of the Hbc Rewards Points in the Hbc Rewards Account, and/or revoke the Program Member’s (including the Primary Member and all Supplementary Cardholders) membership in the Program, with or without notification.
10.
Program Members must advise Hbc immediately of any change of address by writing to Hbc Rewards Customer Services, P.O. Box 4135, Station A, Toronto, Ontario, M5W 3B7, by visiting their local Store or by visiting the Hbc Rewards website at www.hbc.com/rewards.
11.
Hbc will not be liable or responsible in any manner for any tax consequences which may flow from participation in the Program. Program Members will be solely responsible for the reporting of any income tax benefit and the payment of any taxes.
Hbc Rewards Card/Supplementary Cards
12.
The Hbc Rewards membership card (“Hbc Rewards Card” or “Card”) is the property of Hbc and may be unilaterally revoked at any time by Hbc in its sole discretion, with or without notification.
13.
The Hbc Rewards Card is not a credit card.
14.
The Hbc Rewards Card and number are registered by Hbc in the name of the individual seeking membership in the Program once such membership application is approved by Hbc (“Primary Member”). Upon approval of the membership application, an account will be opened in the Primary Member’s name (“Hbc Rewards Account” or “Account”). Supplementary Cards on the same Hbc Rewards Account may be issued at the request of the Primary Member, only to immediate family members of such person (being parents, children, siblings or spouse) who are domiciled with the Primary Member (“Supplementary Cardholder”). Although a Primary Member and any Supplementary Cardholders are all Program Members, all Points collected by anyone in such a group will go to the single Hbc Rewards Account registered in the Primary Member’s name and only the Primary Member can redeem Points for Rewards. Primary Members agree to accept full responsibility for the actions of and obligations incurred by Supplementary Cardholders.
Hbc Rewards Points
15.
Points may be earned by Program Members in connection with each dollar of purchase (before taxes) at a Store or through Hbc Websites, regardless of method of payment. Points may also be earned by Members (a) who pay for Store or Hbc Websites purchases using an Hbc Credit Card; (b) in connection with purchases made other than at Stores or through Hbc Websites using an Hbc Credit Card, where accepted; (c) at those locations or through such channels as may be identified by Hbc from time to time, including but not necessarily limited to Hbc Rewards Partners (see section 52), or (d) through other offers or promotions that may be offered by Hbc from time to time.
16.
Points may only be earned by, and will only be deposited to, the Hbc Rewards Account associated with the Program Member who makes the purchase in question, unless otherwise specifically permitted by Hbc.
Transferability
17.
Hbc Rewards Points are not transferable or assignable, except (a) to the beneficiary of a deceased Primary Member as set out in section 18, (b) as permitted in connection with the “Community Program” (as defined in the Community Program Terms and Conditions), or (c) if specifically authorized by Hbc. Program Members may combine Hbc Rewards Accounts with Hbc Rewards Accounts held by their immediate family members (see section 14) domiciled at the same address. Upon authorization of the transfer, the “transfer to” Hbc Rewards Account Member will become the Primary Member of the combined account and the “transfer from” Hbc Rewards Account will be closed and rendered inactive. Points will not be transferred out of any Hbc Rewards Account that is not in good standing as outlined at section 9.
18.
Hbc Rewards Points can be inherited through a valid legal will. A copy of the death certificate and proof of executor or administrator, satisfactory to Hbc, are required. The executor or administrator must advise Hbc of who the beneficiary of the Points will be and provide the beneficiary’s Hbc Rewards Account number (or a new Hbc Rewards Account will be opened for the beneficiary if the beneficiary is not already a Primary Member). Hbc will not be liable or responsible in any manner for any tax consequences which may flow from the inheritance of Hbc Rewards Points.
Earning Hbc Rewards Points
19.
Hbc Rewards Points will be awarded at the rate of 50 Points per dollar spent at any of the Stores or on Hbc Websites (other than for the exceptions noted in sections 25 and 26 of these terms and conditions). An additional 50 Points per dollar will be issued in connection with eligible purchases charged to an Hbc Credit Card at any of the Stores or on Hbc Websites. Outside of the Stores or Hbc Websites, Hbc Rewards Points will be awarded on eligible purchases at a rate of 50 Points per dollar spent using an Hbc Credit Card, where accepted. Hbc Rewards Points will be calculated by reference to the pre-tax total of each purchase. Occasionally, through specified promotions, additional Points or other benefits may be awarded to certain Members. Hbc Rewards Partners (see section 52) issue Points on a different basis.
20.
Hbc may change the basis on which Points are awarded (including number of Points awarded) at any time, with or without notice, in Hbc’s sole discretion.
21.
The Hbc Rewards Card must be presented to the cashier, or entered online at Hbc Websites, before the sale is completed. However, Members who do not have their Card with them at the time of purchase have 90 days from the date of purchase to have the Points posted to their Hbc Rewards Account, upon presentation at the Store of the original receipt or order confirmation form and the Member’s Hbc Rewards Card.
22.
In the case of merchandise refunds, all Points awarded for that purchase will be deducted automatically from the Hbc Rewards Account number that was used for the original purchase by reversing the procedures used to add Points (regardless of whether or not the Hbc Rewards Card is presented at the time of return).
23.
Hbc Rewards Points are typically shown on the receipt issued in respect of a purchase. If Hbc Rewards Points do not appear on a receipt, Members may inquire about the Points awarded relating to the purchase in question and their Points status in general at the Hbc Rewards Customer Service desk of any Store within three months of the purchase date. Information regarding current Points totals is also available on the Hbc Rewards website (found at
www.hbc.com/rewards). Points earned through online purchases (at Hbc Websites) are usually posted within 24 hours of purchase.
24.
All Hbc Rewards Points totals, as shown on cash register receipts, will be deemed correct unless otherwise substantiated by the Member by bringing forward evidence satisfactory to Hbc. Discrepancies must be addressed to the Hbc Rewards Customer Service desk of any Store within three months of the applicable purchase date.
25.
Hbc Rewards Points will not be issued for the following (unless clearly specified otherwise): direct mail merchandise, tobacco/smoke shop products, lottery tickets, alcoholic beverages, delivery fees, and other items or categories of items which may be specified as exclusions from time to time. Hbc Rewards Points will be issued for pharmaceutical products (including prescription drugs) only in those provinces where and as permitted by law. Hbc Rewards Points may or may not be issued by specific concessions and/or licensed departments, and customers may obtain specific details regarding participating concessions/licensed departments at the Hbc Rewards Customer Service desk of their local Store. Hbc Credit Card holders will not earn Points on balance transfers or cash advances.
26.
Hbc Rewards Points will not (unless expressly stated) be issued on Hbc gift cards when they are purchased, but will be issued when such gift cards are used, if the holder presents an Hbc Rewards Card.
27.
Except as specifically provided in these terms and conditions, Hbc Rewards Points have no cash value, and are not exchangeable for cash. The approximate retail value of the Hbc Rewards Points will vary depending on the Reward chosen at the time of redemption. Hbc Rewards Points are void if sold, purchased, assigned or transferred, except as specifically provided in these terms and conditions, or in connection with special programs, including the Community Program, advertised by Hbc in its sole discretion.
Buying Hbc Rewards Points
28.
Program Members may purchase Hbc Rewards Points online at www.hbc.com/rewards using a valid credit card. The current price at which Members may purchase Points is listed on the website and is subject to change at any time without notice, at Hbc's sole discretion. Point purchases may be subject to maximum and minimum requirements. Specified Point increments may be required. Points may only be purchased by Primary Members whose Accounts are active and in good standing. Hbc may, in its sole discretion and without prior notice, terminate the Points purchase option at any time. For full terms and conditions please visit the above website or the Customer Service Desk at any Bay, Zellers or Home Outfitters store.
Inactive Accounts
29.
Should any Hbc Rewards Account not earn Hbc Rewards Points for 12 consecutive months, the Hbc Rewards Account will be deemed to be inactive, and all accumulated Hbc Rewards Points may be forfeited, with or without notice, in Hbc’s sole discretion.
Lost, Stolen or Damaged Cards
30.
Program Members must notify Hbc immediately if their Hbc Rewards Card is lost or stolen. When Hbc is made aware of a lost or stolen Hbc Rewards Card, it will flag the Card as lost or stolen and the Hbc Rewards Account, and all Cards associated with the Account, will be rendered inactive. A new Hbc Rewards Account number and Card may be provided at Hbc’s sole discretion at the Hbc Rewards Customer Service desk upon presentation of photo identification (government issued photo identification may be required) by the Primary Member. In such case, Supplementary Cardholders will also receive replacement supplementary Cards. All accumulated, unredeemed Hbc Rewards Points will remain intact and will be transferred to the new Hbc Rewards Account number. Program Members acknowledge that Hbc is not responsible for any redemption made using a Program Member’s lost or stolen Hbc Rewards Card. In the event that a Primary Member or Supplementary Cardholder has a damaged Hbc Rewards Card, a replacement Card may be issued at Hbc’s sole discretion upon presentation of proper identification (government issued photo identification may be required) by the Primary Member.
Redeeming Hbc Rewards Points for Rewards
31.
Rewards are available through the redemption of Hbc Rewards Points and through Points Plus Cash. When enough Hbc Rewards Points have been accumulated to obtain the Reward(s) desired, an order form must be completed and signed by the Primary Member. The order form will be processed once proper identification (government issued photo identification may be required) is made and the Primary Member’s address is verified. Order forms may be picked up at, and completed order forms should be submitted to, the Hbc Rewards Customer Service desk of any Store. Orders may also be placed online at the Hbc Rewards website (found at www.hbc.com/rewards). For orders placed on the Hbc Rewards website, the terms and conditions of Hbc.com will apply in addition to the terms and conditions of the Program.
32.
In the event of a printing, production or posting error in the Points, Points Plus Cash or Trade and Save value for any Reward, Hbc is under no obligation to honour a redemption request at the inaccurate value.
33.
Hbc will endeavour to ensure availability and reasonable supply of all Rewards, but circumstances may arise that will make some items unavailable. In such cases, Hbc may (in its sole discretion) discontinue the item or substitute a similar item of equal value. Hbc provides no guarantee that any Reward will remain available for the entire term of the Current Catalogue.
34.
Only Hbc Rewards Points earned at the Stores, online at Hbc Websites or otherwise awarded by Hudson’s Bay Company or its affiliates through specific promotions can be redeemed for Air Miles Reward Miles. Program Members should allow up to two weeks for Air Miles Reward Miles to be reflected in their Air Miles accounts. For greater certainty, Points earned on an Hbc MasterCard outside of the Hbc family of stores are not eligible for conversion to Air Miles.
Points Plus Cash and Trade and Save
35.
Hbc Rewards Points Plus Cash is a part of the Program that offers Primary Members the option of acquiring Rewards by a combination of redeeming Hbc Rewards Points and paying cash in the amounts specified.
36.
All prices quoted for Points Plus Cash are exclusive of all applicable taxes. Taxes are applicable on the cash portion. Primary Members redeeming using the Points Plus Cash option must pay the specified cash portion and any applicable delivery fee as described below, plus applicable taxes, in full when ordering the Reward. If payment is not made at the time the order is placed, the order will not be processed or will be subsequently cancelled.
37.
If no Points Plus Cash option is indicated, this option is not available for that Reward.
38.
Hbc Rewards Points will be issued on the cash portion of Points Plus Cash Rewards.
39.
There is no relationship between prices quoted for Rewards under the Points Plus Cash option and prices for the same or similar items in any Stores, at Hbc Websites or at any other retailer. Discounts offered on store merchandise or online will not be applied to the cash portion of Points Plus Cash items.
40.
From time to time, Hbc may offer Trade and Save promotions at certain Store locations. Trade and Save promotions allow Primary Members to redeem Hbc Rewards Points for a specified dollar discount against the purchase price of specified items. The details of each Trade and Save promotion will be outlined at the participating Store location and/or in related advertising. In all cases, any applicable taxes are payable on the full purchase price of the item without regard to the Trade and Save discount. In the event that a Member returns an item purchased under a Trade and Save promotion, the Member will be refunded the entire purchase price (prior to the Trade and Save discount) in accordance with Hbc’s standard return policy then in effect, and no Hbc Rewards Points will be reinstated to the Hbc Rewards Account. Hbc reserves the right however, in its sole discretion, to reinstate the Points redeemed against the purchase price and refund the discounted purchase price.
Delivery of Rewards
41.
Unless otherwise noted, Rewards may be picked up at a Store free of charge or delivered directly to a Canadian address for an extra charge, at the Primary Member’s discretion. Specific Rewards, as indicated, will be mandatory delivery to the Canadian address designated by the Primary Member at no extra charge. The Hbc Rewards Customer Service desk as well as the Hbc Rewards website will advise the Primary Member whether the Reward is mandatory home delivery or not.
42.
The Primary Member’s identity must be confirmed through identification that is satisfactory to Hbc, and which may include government issued photo identification.
43.
Primary Members should allow approximately 3-4 weeks for delivery of the Reward to their local Store or address of their choice, depending on the location of the Store where the order was placed, or whether the order was placed online. At times, due to uncontrollable circumstances, products may not be readily available from the vendor and the 3-4 week delivery period may be extended. If store delivery was chosen, notification will be made as soon as the Reward is ready for pickup unless the Primary Member specifically requests not to be notified. In the event that the Primary Member does not wish to be notified, the Reward will be held for 30 days after receipt in the Store. Orders for items not picked up within 30 days of receipt or notification, as the case may be, may be cancelled at Hbc’s discretion. Points redeemed and any cash portion paid will be returned to the Primary Member. If home delivery is chosen, but the item is undeliverable in accordance with the policies of the courier company used to deliver the item, Points redeemed and any cash portion paid, including the delivery fee, will be returned to the Primary Member.
44.
Primary Members can specify delivery to Canadian destinations which are serviced by Hbc’s delivery company for most Rewards for a fee as indicated in the table below:
Rewards Point Value of:
Delivery Fee:
0 - 250,000
$6.99 plus applicable taxes
250,001 - 750,000
$13.99 plus applicable taxes
750,001 - 1,000,000
$19.99 plus applicable taxes
greater than - 1,000,000
$24.99 plus applicable taxes
Delivery fees are charged on each individual item ordered and are based on the Point
value of the item (i.e. not Points Plus Cash Point value) as indicated in the Current Catalogue or on the Hbc Rewards website.
There is no delivery fee for items designated as mandatory delivery, which are identified in the
Current Catalogue and online with a symbol next to the product name.
45.
The delivery rates set out in section 44 do not apply to designated oversized items, which are identified by the letter “O” in the Current Catalogue and online next to the product name. For these items, the delivery charge, if home delivery is chosen, will be an additional $49.99 per oversized item, plus applicable taxes.
46.
Hbc does not guarantee delivery to all remote area (e.g. Air Stage) locations and reserves the right to decline delivery to such locations at Hbc’s sole discretion, in which case Points redeemed and any cash portion paid will be returned to the Primary Member.
47.
Hbc does not guarantee delivery times for any delivery of a Reward. Delivery of items does not include services such as removal of packaging or installation or delivery inside the residence beyond the main entrance. Receipt of delivery must be acknowledged by a signature.
48.
When placing an order for a Reward, in addition to any cash portion as described above, any delivery fees plus all applicable taxes must be paid in full at the Hbc Rewards Customer Service desk or on the Hbc Rewards website. All online orders must be charged to a credit card. Orders not paid for at the time the order is placed will not be processed or will be subsequently cancelled.
Return of Rewards
49.
Rewards should be inspected by the Program Member at the Store or at the time of home delivery to ensure that the item is satisfactory. Subject to section 51 below, Program Members are entitled to a 30 day viewing period within which time Rewards, with their original packaging and accessories, may be returned to the Hbc Rewards Customer Service desk of any Store if they are unsatisfactory. After such 30 day period, any Reward which is defective and is a product manufactured in Canada (domestic) may be returned directly to the vendor, at the expense of the Program Member, in accordance with the manufacturer’s warranty. Other Rewards (imported) returned within twelve (12) months will, if defective, be replaced by Hbc or, Hbc, at its sole option, may provide a refund as set out in section 50. The Hbc Rewards Customer Service desk will help to identify whether products are domestic or imported.
50.
For Rewards returned to the Store within the 30 day viewing period, Rewards are returned for the same number of Points as were used to acquire them, and may not be returned or exchanged for cash (except as set out in section 40). In the case of items acquired by Points Plus Cash, the Primary Member will receive a refund for the cash portion paid when the item is returned within the 30-day viewing period. Delivery fees are not generally refundable, and may only be refunded at Hbc’s sole discretion.
51.
All Hbc and third party gift cards, certificates, magazine subscriptions and Air Miles Reward Miles are non-refundable.
Hbc Rewards Partners and Other Offers
52.
Hbc has relationships with other companies (“Hbc Rewards Partners”), whereby Hbc Rewards Points can be earned and/or redeemed in conjunction with the Hbc Rewards Partners’ programs. Program Members must comply with all rules, regulations, terms and conditions associated with the Hbc Rewards Partners’ programs. Hbc or Hbc Rewards Partners may restrict, suspend, otherwise alter or terminate Hbc Rewards Partners’ programs with or without notice. Hbc Rewards Points that are redeemed through an Hbc Rewards Partner’s program are considered redeemed for all purposes. Terms and conditions governing offers by Hbc Rewards Partners or other offers may be set out in these terms and conditions, on the relevant feature page for such products or services in the Current Catalogue or elsewhere. Program Members are bound by such terms and conditions, as they may be changed from time to time, with or without notice.
Privacy Notice
53.
The information provided by you on your Hbc Rewards application and other information that may be provided by you from time to time, as well as information about your transactions and redemptions, and any information captured whenever you provide your Hbc Rewards card number to Hbc and/or Hbc Rewards Partners, is required by Hbc to award and administer your Hbc Rewards Account and maintain the accuracy of your information. Any of the affiliated companies comprising Hbc or other organizations with which Hbc has marketing arrangements may have access to such information and may use it for the additional purposes of offering or communicating with you about other products and services. These communications may include notifications of sales, special events, store promotions and other exclusive offers. Your consent to the access to and use of your personal information for these additional purposes is optional and not required as a condition of obtaining or using the Hbc Rewards Card or collecting and redeeming Hbc Rewards Points. If you do not wish your information to be accessed or used for these additional purposes, please contact the Hbc Privacy Office at 1-866-225-8251, or email privacy@hbc.com or write to Hbc Privacy Office, P.O. Box 4135, Station A, Toronto, Ontario M5W 3B7. You also have the right to request to review the personal information Hbc has about you on file by contacting us, in writing, at the address above. For more information on Hbc’s Privacy Policy, please visit www.hbc.ca/privacy or contact the Hbc Privacy Office.
Acceptance of Terms and Conditions
54.
By signing an Hbc Rewards enrollment form and/or by using an Hbc Rewards Card for the first time, the Member or potential Member (i) certifies that he or she is over the age of majority in the province in which he or she resides (or has obtained the consent of his or her parent or legal guardian), (ii) consents to Hbc’s collection and use of certain personal information except as he or she may otherwise notify Hbc, as set out in section 53 above, and (iii) agrees to the terms and conditions of the Hbc Rewards Program, as they may be amended from time to time. The current terms and conditions of the Program are set out on the Hbc Rewards website (found at www.hbc.com/rewards) and are available for pick up and review at the Hbc Rewards Customer Service desk of any Store.
55.
Use of a Program Member’s Hbc Rewards Card at any time on or after May 2, 2001 is deemed to constitute acceptance of the Hbc Rewards terms and conditions then in effect by such Member and all other Members sharing the same Hbc Rewards Account. For greater certainty, use of a Member’s Hbc Rewards Card at any time after these terms and conditions are amended is deemed to constitute acceptance of such revised terms and conditions. Notwithstanding any other section of these terms and conditions, publication of the current version of the terms and conditions on the Hbc Rewards website (found at www.hbc.com/rewards) shall be deemed notice of such terms and conditions, where notice is required or permitted to be given hereunder.
56.
If offered as an option by Hbc, Primary Members may elect to have their Hbc Credit Card “linked” to their Hbc Rewards Card and the Program. By such linking, Members will earn Hbc Rewards Points on purchases made at the specified location(s) with that Hbc Credit Card, without separately showing the Hbc Rewards Card, and the terms and conditions of the Program will apply as if the Hbc Rewards Card was presented.
57.
These terms and conditions shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, and all Members attorn to the jurisdiction of the Province of Ontario. All decisions regarding the interpretation of these terms and conditions and the administration of the Hbc Rewards Program, and any disputes arising therefrom, shall be resolved by Hbc in its sole discretion. All such decisions shall be final and binding on all Program Members. In no event shall Hbc’s liability with respect to the Hbc Rewards Program, including liability for negligence or breach of contract, be greater than the Points accumulated to the Member’s Account at the time the dispute arose. Any proceedings relating to matters regarding the Hbc Rewards Program shall be brought exclusively in the courts of the City of Toronto in the Province of Ontario and orders of such Ontario courts shall be binding on Hbc and Program Members.
Miscellaneous
58.
Conditions and benefits of Program membership for individuals who are employees or retirees of Hbc, its subsidiaries, affiliates and licensees, may differ from those stated herein, and will be communicated by Human Resources or the appropriate division or department of Hbc.
59.
The Current Catalogue is available on the Hbc Rewards website (found at www.hbc.com/hbcrewards or for review at the Hbc Rewards Customer Service desk of any Store.
60.
Program Members must have a current address on file to ensure that Hbc Rewards information is sent to the proper address. An address may be updated at any Hbc Rewards Customer Service desk or through the Hbc Rewards website (found at www.hbc.com/rewards)).
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symbol next to the product name.