PAYLESS REWARDS™ PROGRAM TERMS AND CONDITIONS (CANADA)

Revised March 19, 2013

These Payless Rewards Program Terms and Conditions are subject to change without advance notice. Payless ShoeSource Canada LP may at any time, terminate or modify the Payless Rewards Program at its discretion by posting the changes at http://canada.payless.com/rewards. Your continued participation in the Payless Rewards Program after the posting of any changes constitutes your acceptance of such changes.

I. General and Enrollment Information

The Payless Rewards Program ("Payless Rewards" or the "Program") is sponsored by Payless ShoeSource Canada LP ("Payless"). Payless Rewards membership is open to individuals who are legal residents of Canada and who have reached the age of majority in their province or territory of residence, or who are at least 13 years of age and who have obtained the consent of their parent or legal guardian to participate in the Program, excluding employees of Payless ShoeSource Canada LP and its affiliates and the immediate family who live in the same household as any of the foregoing ("Eligible Customer"). By becoming a Payless Rewards member (a "Member" or "you") and participating in the Program, you (i) represent that you are an Eligible Customer, (ii) consent to Payless collecting, using and disclosing your personal information as set out in the Privacy section below, and (iii) accept these Program Terms and Conditions, as they may be amended from time to time (the "Terms"). Your membership is non-transferable and is subject to present and future Program Terms. These Terms are void where and to the extent prohibited by law.

II. Membership

There are two ways Eligible Customers may become Members: (1) at the point of sale by providing their contact information to a sales associate in select Payless ShoeSource retail stores; or (2) through online enrollment at canada.payless.com/rewards.  No purchase is necessary to enroll. Only Members are eligible to obtain benefits in the Program.  Each Member is responsible for maintaining accurate and updated personal information. To update your personal information or for more information about the Program visit canada.payless.com/rewards.

By enrolling in the Program, you agree to receive promotional offers and updates by e-mail, postal mail, telephone, telephone text message or through a mobile application from Payless, its affiliates and licensees. You may unsubscribe from receiving promotional offers by certain means (e.g. no telephone calls), or from receiving promotional offers altogether, at any time.  For example, you may unsubscribe from e-mail and text message promotional offers by using the unsubscribe mechanism provided in the offer.  To stop receiving promotional offers through a mobile application, you may remove the application from your device.  You may also unsubscribe from any or all methods of receiving promotional offers by changing your preferences online at canada.payless.com/rewards or by contacting us as described below.  If you unsubscribe from all Payless promotional offers your membership in the Program will be terminated.

Members may cancel participation in the Program or any future Rewards Program online at canada.payless.com/rewards (if Member enrolled online), at the point of sale, or by contacting us as described below.

Payless reserves the right to revoke a Member's participation in Payless Rewards at anytime.

III. Rewards Program Benefits

Periodically, Members will receive discount coupons ("Rewards Coupons") towards future purchases.  These Rewards Coupons will be mailed by Canada Post, e-mailed or sent by text message, to the Member's mailing address, e-mail address or mobile telephone number (respectively) on file with Payless. Rewards Coupons are valid through the expiration date indicated on the Rewards Coupon. Members must maintain an accurate mailing address, e-mail address and mobile telephone number with Payless in order to receive the Rewards Coupons. Payless is not responsible for late, misdirected, misdelivered, or undelivered mail or for incorrect addresses and other contact information on file.

Rewards Coupons are good for one (1) time use only at Payless retail stores in Canada.  Rewards Coupons must be surrendered at the time of redemption and are not transferrable.

Only one (1) Rewards Coupon may be used per transaction. Rewards Coupons are not valid with other Payless coupons, certificates, employee discounts, or other discounts and offers. No photocopies or facsimiles of Rewards Coupons will be accepted. Lost, stolen, misdirected, destroyed or expired Payless Rewards Coupons will not be replaced. 

Rewards Coupons are not valid on prior purchases or Payless Gift Cards. See Rewards Coupon for terms, conditions and other specific exclusions and other limitations. Rewards Coupons are not redeemable for cash and no change/currency will be given for Rewards Coupon redemption. Members may be notified of additional ineligible products and services.

IV. Privacy

In order to administer the Rewards Program, Payless collects personal information from Members, such as, but not restricted to: name, address, telephone numbers, birthdate and purchasing information. Payless may also assign Members a unique Member identification number.  This information will be used to send Reward Coupons, other information or offers and otherwise communicate with the Member, to better understand the Member's shopping and information needs and to offer the Member relevant information, products, services and Rewards Coupons to meet those needs. By enrolling in the Program and providing the foregoing information to Payless, you consent to Payless using and disclosing the information for the purposes specified herein and otherwise as described in Payless's Privacy Policy accessible here.

On occasion Payless may collect additional personal information from Members on a voluntary basis through questionnaires or other methods. Member status in Payless Rewards will not be affected by any Member who does not wish to participate on a voluntary basis.

Payless will not give, rent or sell its Member lists to any organization or individual. Payless may transfer Member information to, or allow access to Member information by, select third party service providers (including affiliates of Payless) who provide services to Payless involving the processing of Member information.  Some of these service providers may be located outside of Canada.

You may request access to, or correction of, the information held in your Payless Rewards Member file, by sending a written request to: 191 The West Mall, Suite 915, Etobicoke, Ontario M9C 5K8, Canada Attn: Privacy Officer. Payless may take reasonable steps to verify your identity before providing access or making corrections.  If you have any questions or would like more information, including with respect to our use of service providers outside of Canada, please write to our Privacy Officer at the address above, email us at CustomerService@csr.payless.com or call us at 1-877-474-6379.

Member information is stored in Payless's confidential databases located in Topeka, Kansas. Access to this information will be restricted to authorized personnel of Payless or its service providers.

V. Additional Terms

The Program is void where prohibited by law.

Payless Rewards membership and its benefits are offered at the discretion of Payless. Payless reserves the right, without limitation, to terminate, change, limit, modify, or cancel the Program and any Program Terms, rules, regulations, benefits, or conditions of participation at any time, with or without notice, even though such changes may affect the value of benefits in Payless Rewards and Payless will have no liability to any Member and is automatically released from all claims by Members in respect of such changes. Changes will be posted at http://canada.payless.com/rewards and your continued participation in the Program after the posting of any changes constitutes your acceptance of such changes.  You should therefore periodically visit this page to review the then-current Terms to which you are bound.  You waive any right you may have to receive specific notice of such changes.

All decisions regarding the interpretation of these Terms and the administration of the Payless Rewards Program, and any disputes arising therefrom, shall be resolved by Payless in its sole discretion. All such decisions shall be final and binding on all Members.

Abuse of the Rewards Program, including failure to comply with these Terms, the sale or barter of Rewards Coupons, products or promotional offers, and any misrepresentation of fact relating thereto or other improper conduct as determined by Payless in its sole judgment may result in cancellation of a Member's membership and future disqualification from Program participation and cancellation of previously issued but unused Rewards Coupons. Payless in its discretion, may prosecute abuse of the Program to the fullest extent of the law. 

Payless reserves the right, at its sole discretion, to void Rewards Coupons sent due to computer error, machine malfunction, employee, customer or other error, fraud or other misuse of the Program.

Payless reserves the right to make other promotional offers available to select Members based on purchase activity, geographic location, Program participation, and/or information supplied by the Member.

Payless, its subsidiaries and affiliate entities, and their respective officers, directors, employees, and agents (the "Released Parties") make no warranty and provide no conditions, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose, with respect to the Program, membership in the Program, Rewards Coupons or any products or services related to the Program.

By participating in the Program, each Member hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, legal fees) relating to that Member's participation in the Program, use of Rewards Coupons, or agreement to these Terms. 

The Payless logo, Payless Rewards logo, and other logos and taglines are the intellectual property of Payless and you cannot use Payless's intellectual property.

Except for Quebec Members, these Terms 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. Except for Quebec Members, any proceedings relating to matters regarding the Payless 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 Payless and Program Members.