Nautica Rewards Terms & Conditions

By registering to become a member (a "Member" or "you" or "your") of Nautica Rewards ("Nautica Rewards" or the "Program") and by participating in the Program, you (i) represent that you are 18 years of age or older and a resident of the United States, and (ii) agree to the following Program Terms and Conditions (these "Terms"), as well as the other rules, policies, and procedures of the Program posted or otherwise provided by us. Nautica Rewards is sponsored by Nautica Retail USA, Inc. ("Nautica"). Capitalized terms have the meaning specified in these Terms.

1. Nautica Rewards Overview

When you join Nautica Rewards, it allows you to earn points on your Qualifying Purchases at Nautica stores that are owned and operated by Nautica Retail USA, Inc. in the United States ("Nautica Stores"), as well as online at Nautica.com. Points are earned on an annual basis from January 1 to December 31 ("Program Year"). There are three "Rewards Cycles" in each Program Year (January 1 - April 30; May 1 - August 31; and September 1 - December 31). At the end of a Rewards Cycle, Members earning sufficient Points, as described below, will earn Rewards Certificates for that Rewards Cycle.

2. Membership

A. Eligibility: You must be at least 18 years of age and a resident of the United States to become a Member. Employees of SPARC Group brands and individuals receiving a discount or free product to represent a SPARC Group brand are not eligible to join Nautica Rewards.

B. How to Join: You may register to become a Nautica Rewards Member two different ways:

• Online at NauticaRewards.com by creating a Rewards Account and indicating that you want to be a Nautica Rewards Member. Once you've created your Rewards Account, you will: earn Points on all Qualifying Purchases at Nautica Stores in the United States and on all Qualifying Purchases made at Nautica.com, be able to access your Member account balance, and view/print your Rewards Certificates to use for redemption. You will also be signing up to receive Program emails and Member Rewards Offers as well as general marketing emails.

• At any Nautica Store in the United States by providing your first name, last name, and email address to sign up to be a Member. When you register at a Nautica store, you will accrue Points towards earning Rewards Certificates (as described below). You will also be signing up to receive Program emails and Member Rewards Offers as well as general marketing emails. You will receive a welcome email containing a link to these Terms and a temporary password for your Rewards Account online. It will be necessary for you to establish an online Rewards Account to view and print any Rewards Certificates you have earned and to access your Member points account balance. As described in these Terms and Conditions, once you have earned enough Points to qualify for a Rewards Certificate, Nautica will send you an email advisory at the end of the Rewards Cycle and you can then print your Rewards Certificates through your Rewards Account.

C. Creating Your Rewards Account Password: When setting up your Nautica Rewards Account, it is important that you create a complex password and that you ensure that you do not share your password with others. Both of these measures are your responsibility.

D. Updating Information: You are responsible for providing the correct email address to receive Rewards Certificates by email and to ensure proper accounting of Points. As a result, each Member is responsible for maintaining accurate and updated personal information, including your email address. You may update your personal information for your Rewards Account online at NauticaRewards.com.

E. Mobile Marketing Messages: During enrollment at NauticaRewards.com or while updating your Account Information, you may opt in to receiving marketing messages to your mobile phone as part of our Nautica Alerts program. You agree that the mobile telephone number that you use to enroll in Nautica Alerts is registered in your name, that you are the subscriber or non-subscriber customary user of the mobile telephone, that you have not and will not initiate Nautica Alerts for any mobile telephone that you do not own or control, and that you will update the mobile telephone number if it should change. If you elect to opt in to receiving mobile marketing messages, you consent to receive recurring mobile messages from Nautica via automated technology to the mobile number provided. Signing up to receive Nautica Alerts is not a condition of purchasing any goods or services. Message and data rates may apply from your carrier. See full mobile marketing Terms and Conditions.

F. Membership Expiration:

• Expiration: Any Rewards Account with no "Qualifying Purchase" (as defined below) for more than two (2) full Program Years will be deemed an Expired Account.

• Expired Accounts: If a Rewards Account becomes an Expired Account, the Rewards Account will be terminated. Because unused Points expire at the end of each Program Year and Rewards Certificates expire 60 days after the conclusion of the Rewards Cycle in which they were earned, there will be no Points or Rewards Certificates in an Expired Account at the time of termination of an Expired Account.

3. Earning Points and Obtaining Your Rewards Certificates

A. Make Qualifying Purchases in the United States at Nautica Stores and online at Nautica.com to earn Points towards Rewards Certificates in each Rewards Cycle during a Program Year. Your Rewards Certificates can be used towards the purchase of merchandise (including taxes, shipping and delivery charges, gift boxes or wrapping) at Nautica Stores in the United States or online at Nautica.com. Rewards Certificates are earned as follows:

• Except as otherwise provided below, earn one (1) Point for every U.S. Dollar spent on any eligible product that is purchased (a "Qualifying Purchase", as further described below).

• "Qualifying Purchase(s)" include both regular and sale priced merchandise in Nautica Stores in the United States or online at Nautica.com. Purchases made at Nautica.com will accrue Points when the item(s) ship, not at the time the order is placed. No Points are earned when purchasing Gift Cards from Nautica, but you do earn Points when redeeming a Gift Card at Nautica stores in the United States or online at Nautica.com towards the purchase of regular or sale priced merchandise. In addition, no Points are earned for:

• • Payment of any form of sales tax, shipping charges, gift boxes or wrapping.

  • Any purchases of Nautica products (1) at Nautica Stores outside of the United States, (2) at other retailers that sell Nautica products, or (3) on websites other than Nautica.com.

• Earn $10 in Rewards Certificate benefits for every 200 Points earned in a Rewards Cycle; however the maximum Rewards Certificate benefit that may be earned in any one Rewards Cycle is $50 (or 1,000 points). Any Points earned in excess of 1,000 Points in each of the first two (January 1 - April 30 and May 1 - August 31) Rewards Cycles will carry over into the subsequent (May 1 - August 31 or September 1 - December 31) Rewards Cycle. For the final (September 1 - December 31) Rewards Cycle, Rewards Certificates will be issued in your Account up to the 1,000 Point limit, however, any Points in excess of 1,000 Points will be "zeroed out" and not carry over into the subsequent Program Year (thus, will not carry over to the January 1 - April 30 Rewards Cycle).

• Rewards Certificates have to be used within 60 days of the end of the Rewards Cycle in which the Points were earned, after which the Rewards Certificate will expire ("Certificate Use Period").

• Provided the Rewards Certificate is used during the Certificate Use Period, it may be used multiple times until the balance has been used.

• Any refunds or store credits received for the returns of merchandise after purchase will result in the corresponding Points to be deducted from your Rewards Account. Refunds or store credits received in a Rewards Cycle occurring after the Qualifying Purchase was made will be deducted from your Rewards Account in the Rewards Cycle in which you receive the refund or store credit.

• You will receive an email notice of the availability of a Rewards Certificates (based on your Points total and the Points accrual rules described in these Terms) shortly after each Rewards Cycle ends. Your earned Rewards Certificate will be posted in your Rewards Account, and you can then access your Account to print the Rewards Certificate for use as described in these Terms.

• If you have opted in to receiving mobile marketing messages, you may also receive texts alerting you that you have earned a Rewards Certificate.

• For the January 1 - April 30 and May 1 - August 31 Rewards Cycles only: if you have less than 200 Points left over in those Rewards Cycles (including points that exceed the 1,000 point limit), those Points will carry over to the following Rewards Cycle and count towards earning Rewards Certificates in the following Rewards Cycle.

• For the September 1 - December 31 Rewards Cycle only: Any Points under 200 remaining in your Rewards Account cannot accrue towards Rewards Certificate benefits and will not carry over into the subsequent Program Year (thus, will not carry over to the January 1 - April 30 Rewards Cycle); all Rewards Account Points will be "zeroed out" starting on January 1.

• • EXAMPLE: You spent $550 US Dollars in Qualifying Purchases in the January 1 - April 30 Rewards Cycle. Assuming you had no merchandise returns for store credit or refund in that Rewards Cycle, 400 Points will count towards a $20 Rewards Certificate benefit. 150 Points will carry over into the May 1 - August 31 Rewards Cycle.

  • EXAMPLE: You started the May 1 - August 31 Rewards Cycle with 150 Points and then spent $600 US Dollars in additional Qualifying Purchases in that Rewards Cycle, giving you 750 earned Points. However, you also returned $300 US Dollars of merchandise for refund in that Rewards Cycle, which are deducted from your 750 earned Points. You now have 450 earned Points. 400 Points will be applied towards your $20 Rewards Certificate benefits. 50 Points will then carryover into the September 1-December 31 Rewards Cycle.

  • EXAMPLE: You started the September 1 - December 31 Rewards Cycle with 50 Points and spent an additional $525 US Dollars in Qualifying Purchases during that Rewards Cycle. You had no merchandise returns for store credit or refund, so no Points are deducted, so you have a total of 575 Points for the Rewards Cycle. 400 Points will be applied towards your $20 Rewards Certificate benefits. You'll lose the remaining 175 Points on January 1 (the next Program Year) and you'll start the following January 1 - April 30 Rewards Cycle with a balance of 0 Points.

  • EXAMPLE: You spent $1,100 US Dollars in Qualifying Purchases in the January 1 - April 30 Rewards Cycle, with no merchandise returns, giving you 1,100 Points. 1,000 Points will be applied towards the maximum of $50 in Rewards Certificate benefits for that Rewards Cycle, and you will carry over 100 Points into the May 1 - August 31 Rewards Cycle. Assume you make no Qualifying Purchases or merchandise returns in the May 1 - August 31 Rewards Cycle. You then spend $1,250 US Dollars in Qualifying Purchases in the September 1 - December 31 Rewards Cycle. Assuming you don't return any merchandise for credit, your Account will have 1,350 Points (100 Points that is carried over from May 1 - August 31 Rewards Cycle, plus an additional 1,250 Points earned in the September 1 - December 31 Rewards Cycle). 1,000 Points will be applied towards your maximum $50 in Rewards Certificate benefits. The remaining 350 Points will be "zeroed out" on January 1 (the next Program Year), and you'll start the following January 1 - April 30 Rewards Cycle with a balance of 0 Points.

B. To log a Qualifying Purchase to your Nautica Rewards Account, you must provide at the time of purchase the email address that you used to become a Member when setting up your Rewards Account. Providing your email address at the point of checkout is unrelated to acceptance of a credit card transaction. If for some reason you did not provide your email address at the time of purchase, you may call Customer Service at 866.376.4184, or submit your request electronically at Contact Us page. Upon verification by Customer Service of your Qualifying Purchase and that you did not previously receive Points for that purchase, the Points associated with your Qualifying Purchase will be recognized in your Rewards Account.

B. To log a Qualifying Purchase to your Nautica Rewards Account, you must provide at the time of purchase the email address that you used to become a Member when setting up your Rewards Account. Providing your email address at the point of checkout is unrelated to acceptance of a credit card transaction. If for some reason you did not provide your email address at the time of purchase, you may call Customer Service at 866.376.4184, or submit your request electronically at https://www.nautica.com/on/demandware.store/Sites-nau-Site/default/CustomerService-ContactUs. Upon verification by Customer Service of your Qualifying Purchase and that you did not previously receive Points for that purchase, the Points associated with your Qualifying Purchase will be recognized in your Rewards Account.

C. Any returns of merchandise may result in a "negative" Points balance if there are not sufficient Points in the Account balance to fully deduct the return. However, negative Points balances remaining at the end of the Program Year will be "zeroed out" at the beginning of the subsequent Program Year.

• EXAMPLE: You are in the May 1 - August 31 Rewards Cycle and have 160 Points. You return $300 US Dollars of merchandise for store credit. 300 Points are deducted from your Rewards Account and you now have a negative balance of -140 Points. Unless you make additional Qualifying Purchases of more than $140 US Dollars in the current Program Year, your Rewards Account will have a negative Point balance until it is "zeroed out" in the following Program Year.

D. Points have no cash value. Also, points are personal to you. You cannot give or transfer your points to anyone else.

• It may take up to five (5) days for your Qualifying Purchases to appear online at your Rewards Account at NauticaRewards.com.

• You will receive an email notification of the availability of your Rewards Certificates (based on your Points total as well as the Points accrual rules described in these Terms) shortly after each Rewards Cycle ends. You can then log-in to your Program Rewards Account to print your Rewards Certificate. If you have opted in to receiving mobile marketing messages, you may also receive texts alerting you that you have earned a Rewards Certificate. Remember: Rewards Certificates must be used within 60 days after the end of the Rewards Cycle in which the Rewards Certificate was earned, after which the Rewards Certificate will expire.

• • EXAMPLE: Your Rewards Certificate is issued (i.e., posted in your Rewards Account) on May 5. You have until June 29 to use the Rewards Certificate, which is 60 days after April 30 (the end of the Rewards Cycle where the Rewards Certificate was earned). If you try to use it on June 30, 61 days after April 30, it will already be expired.

• Reward Certificates may not be used (i) at Nautica Stores outside of the United States, (ii) at other retailers or stores that sell Nautica products, or (iii) on any other websites other than Nautica.com.

• Rewards Certificates are promotional items for Members of the Nautica Rewards program and are not gift cards of Nautica.

• Each Nautica Rewards Certificate will contain a unique code that may be used to redeem the Rewards Certificate at Nautica Stores in the United States or at Nautica.com. If using at a Nautica store, at the time of purchase, you'll be asked by the store associate to input the unique code associated with your Rewards Certificate onto the pinpad during checkout. Similarly, if using at Nautica.com, you'll input the code during online checkout.

• Rewards Certificates may be redeemed at the same time as using Nautica coupons, certificates, discounts, gift cards, or offers toward the purchase of products. Rewards Certificates have no cash value, are not redeemable for cash, and are not transferable. REMEMBER, Rewards Certificate benefits must be used during the Certificate Use Period or the value will expire. No change/currency will be given for any portion of a Rewards Certificate redemption.

• • EXAMPLE: You would like to purchase a $45 item at a Nautica Factory store and would like to use your $50 in Rewards Certificate benefits. The Rewards Certificate benefits will be debited for the $45, but you must use the remaining $5 during the Certificate Use Period (60 days) or the unused $5 will be forfeited.

• If lost or stolen, the code on your Rewards Certificate may be used by anyone, and you are solely responsible for protecting it from unauthorized use. If the unique code for the Rewards Certificate that was assigned to your Nautica Rewards account is used in a manner that was not authorized by you, or is lost or stolen, Nautica will not replace the Rewards Certificate.

E. Nautica reserves the right to offer additional Program benefits or decline to offer certain benefits at any time in its sole discretion, with or without notice to you. This could include making bonus points and other promotional offers available to select Members based on purchase activity, geographic location, Program participation, or other information supplied by the Member. Provided, however, once a Rewards Certificate is issued, it will remain available for redemption during the Certificate Use Period. Further, if Nautica intends to make a material change to the value of the Program Points or Rewards Certificates that can be earned or when Rewards Certificates can be used, it will notify Members at the beginning of the Rewards Cycle preceding the Rewards Cycle in which the material change takes effect.

• EXAMPLE: If Nautica decided that it would now take 300 points to earn a $10 Rewards Certificate, it would notify Members on January 1 that such change would take effect on May 1.

F. Nautica Rewards Members may also have early access to special events and be invited to participate in exclusive offers and experiences for Nautica Rewards Members (jointly the events and offers are "Member Rewards Offers").

4. Email and Privacy

A. By joining the Rewards Program, you agree to receive transactional emails about the Program, such as Program Points acquired, the Rewards Certificates earned, Account password reset, and notifications about your Account or changes to the Program (jointly these emails are "Program Emails"), emails with Member Rewards Offers from the Nautica Rewards Program and/or from Nautica, and general marketing emails from Nautica.

Members may not unsubscribe from Program Emails, but can cancel their membership in the Program as described below in the General Terms. Members may unsubscribe from emails with Member Rewards Offers and/or Nautica general marketing emails at any time via the unsubscribe link in those emails.

B. See the Nautica Privacy Policy at https://www.nautica.com/privacy-policy-nau.html for details on how your information is collected and used.

5. Changes to the Terms

Membership in the Nautica Rewards Program and its benefits are offered at the discretion of Nautica, which reserves the right to terminate, change, limit, modify, or cancel any Program Terms, rules, regulations, benefits, or conditions of participation at any time.

We reserve the right, at our discretion, to change, modify, cancel, add or remove any or all portions of these Terms, any policy, FAQ, or guideline pertaining to the Nautica Rewards at any time. The revisions to the Program that Nautica may make include but are not limited to any of the following changes: (i) increase or decrease in the points required or rate at which Rewards Certificates can be earned; (ii) the value of Rewards Certificates that can be earned; (iii) change the method of becoming a Member; (iv) institute or add blackout dates for earning Rewards Certificates. If these Terms change in the future, we will let you know by posting an update to NauticaRewards.com with the most recent modification date. However, if Nautica intends to make a material change to the value of the Program Points or Rewards Certificates that can be earned or when Rewards Certificates can be used, it will notify Members at the beginning of the Rewards Cycle preceding the material change. Any changes or modifications will be effective immediately upon posting the revision and you waive any right you have to receive special notice of such change. By continuing to use Nautica Rewards, you agree to the revised terms.

In the event of Program cancellation, Rewards Certificates will be issued according to the current Terms for points earned in the final Program Year.

6. General Terms of the Nautica Rewards Program

A. These Terms are void where and to the extent prohibited by law. If any provision of these Terms & Conditions is held in an arbitration proceeding or by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms & Conditions will not be affected. If such provision would cease to be illegal, invalid or unenforceable if some part of that provision were modified or deleted, the provision in question will apply with the least such modification or deletion as may be necessary to make the provision legal, valid and enforceable.

B. In the event of a dispute over ownership of a Nautica Rewards account, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of registration. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

C. Abuse of the Program, including failure to abide by these Terms, the sale or barter (or the attempted sale or barter) of Rewards Certificates, Points, or promotional offers, and any misrepresentation of fact relating thereto or other improper conduct as determined by Nautica in its sole judgment may result in cancellation of a Member's Rewards Account and future disqualification from Program participation, forfeiture of all Points accrued, and cancellation of previously issued but unused Reward Certificates. At our discretion we may prosecute abuse of the Program to the fullest extent of the law.

D. You may cancel your Nautica Rewards membership at any time by calling Nautica Customer Service at 866.376.4184, or by submitting your cancellation request electronically at Contact Us page. If you cancel your Nautica Rewards membership, your accrued Points will be forfeited.

E. Points are not transferable and may not be combined among Members or conveyed by any means to anyone, including through a Member's estate, and may not pass to a Member's successors and assigns. Accrued Points do not constitute property of the Member. Accrued Points are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise.

F. By agreeing to participate in the Nautica Rewards Program, you release Nautica Retail USA, Inc., its parent and subsidiaries and affiliate entities, and their respective, directors, officers, employees and agents (the "Released Parties") from all liability with respect to the misdirection or misuse of any Points or Rewards Certificates or the use of any Rewards Certificates by an individual other than the Nautica Rewards Member who earned the Rewards Certificate. You further agree through your agreement to participate in the Program to release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney's fees) relating to your participation in the Nautica Rewards Program, use of Rewards Certificates, or agreement to these Terms.

G. The Released Parties make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to Nautica Rewards, membership in Nautica Rewards, or any products or services related to Nautica Rewards.

H. The Nautica Rewards Program and these Terms will be governed by and construed under the substantive laws of the State of Delaware, without reference to conflict-of-laws considerations. Any claims must be raised and resolved in the federal or state courts located in Dover, Delaware.

I. The Nautica logo, Nautica Rewards Program logo, and other logos and taglines are the intellectual property of Nautica.

Updated 8/8/19