Barnes & Noble Kids' Club™ Program Terms and Conditions

These terms and conditions (this "Agreement") govern the Barnes & Noble Kids' Club™ Program. The Barnes & Noble Kids' Club™ Program is a loyalty program brought to you by Barnes & Noble Booksellers, Inc. ("we," "us," "our," "ours"). By enrolling in this Program you will be granted an account ("Account") in the Barnes & Noble Kids' Club™ Program and agree to the following Terms and Conditions. Use of the Barnes & Noble Kids' Club™ Program subjects the user ("you," "your," "yours") to these Terms and Conditions.

1. ELIGIBILITY.

The Barnes & Noble Kids' Club™ Program is eligible only to adults 18 years or older with at least one child profile registered under their Barnes & Noble Kids' Club™ Account ("Participants"). The registered Account profile must include the first name/nickname and birthday of a child up to the age of 12 years old.

Barnes & Noble Kids' Club™ Participants will not be able to add more than 12 children to their profile.

Participants that maintain at least one child below the age of 13 within their Account profile shall be considered active participant ("Active Participant"). The term of a Barnes & Noble Kids' Club™ Account shall commence on the date of enrollment and continue until the age of youngest child in the Participant's profile reaches 13 years old.

2. BENEFITS.

The Barnes & Noble Kids' Club™ Program entitles Active Participants 18 years and older to the following benefits:
  • A welcome promotional offer upon joining the Program.
  • A birthday promotional offer for each child turning 12 years or younger in the Participant's profile.
  • Special promotional offers.
  • The opportunity to earn Barnes & Noble Kids' Club™ Rewards Certificates via loyalty rewards credit.

3. LOYALTY REWARDS.

  • For every $100 spent on Qualifying Products at Barnes & Noble stores or BN.com, Active Participants will earn a B&N Kids' Club™ Rewards Certificate ("Rewards Certificate").
  • Qualifying Products only include (i) Children's Books located within the "Barnes & Noble Junior" section of all Barnes & Noble retail stores or navigable from the Kids section of BN.com (excluding all teen books navigable from the Kids or Teens sections; all children's books marked as "Bargain-Priced" at Barnes & Noble retail stores; all children's books listed as "Bargain" books on BN.com; and all eBooks, including without limitation children's and teen eBooks), (ii) Toys, (iii) Children's Games, (iv) Children's Puzzles, and (v) Children's Workbooks ("Qualifying Products"). Qualifying Products will be flagged as "Kids' Club Eligible" on the product detail page at BN.com.
  • The purchase of Qualifying Products by Active Participants accrues towards the $100 spending threshold as loyalty rewards credit ("Loyalty Rewards Credit").
  • Accrual of Loyalty Rewards Credit will be applied before taxes and after all eligible discounts and deductions, including coupons, are applied. Coupon discounts are applied after any other discounts in the purchase.
  • Participants can earn a maximum of four (4) Rewards Certificates in a one (1)-year period ("Rewards Term"). Active Participants will earn one (1) Rewards Certificate for each $100 Loyalty Reward Credit threshold that is met within a Reward Term.
  • A Participant's initial Rewards Term will begin on the date of enrollment in the Program and continue until one year from the date of enrollment. Subsequent Rewards Term(s) shall commence on the day after the previous rewards term ends.
  • At the end of each Rewards Term, the amount of Loyalty Rewards Credit accrued and the number of Rewards Certificates earned will each reset to a zero balance.
  • In order to count towards Loyalty Rewards Credit accrual, Qualifying Products must be purchased by Active Participants in the Barnes & Noble Kids' Club™.
  • Loyalty Rewards Credit will be tracked in Barnes & Noble stores by presenting a Barnes & Noble Kids' Club™ loyalty card at the register. If you are a B&N Member, please see "Important Information for Barnes & Noble Members" below.
  • Participants must ensure that their Barnes & Noble Kids' Club™ Account is registered at BN.com in order to receive Loyalty Rewards Credit for purchases of Qualifying Products made online at BN.com. Participants who signed up for the Program in Barnes & Noble stores can register their Barnes & Noble Kids' Club™ Account at BN.COM/kidsclub. Participants who joined the Program online are automatically registered. If you are a B&N Member, please see "Important Information for Barnes & Noble Members" below.
  • Active Participants who are making purchases of Qualifying Products at BN.com must checkout as a returning customer with a BN.com account in order for such purchases to be tracked for Loyalty Rewards Credit. The purchase of Qualifying Products will not be tracked for Loyalty Rewards Credit if the Guest checkout option is used.
  • Loyalty Rewards Credit will not be applied for online orders until after Qualifying Products have been shipped.
  • Loyalty Rewards Credit for past purchases made in Barnes & Noble stores or online at BN.com will not be applied retroactively to Accounts under any circumstances.
  • A Rewards Certificate will be valued at $5 each. If earned, a Rewards Certificate will be e-mailed to a Participant on the 7th of the subsequent calendar month. Any unused dollar value remaining on a Rewards Certificate will be forfeited once its expiration date has been reached.
  • A Rewards Certificate can only be redeemed towards the purchase of Qualifying Products. The complete terms of use for a Rewards Certificate will be included within the accompanying e-mail distribution.
  • A Participant will be sent only one Rewards Certificate per calendar month provided that the Participant has accumulated the sufficient Loyalty Rewards Credit, except in the case where Rewards Certificates earned would otherwise be reset to zero at the end of a Rewards Term.
    • If a Participant earns more than one Rewards Certificate within a calendar month, the first Rewards Certificate will be e-mailed on the 7th of the following month; the remaining Rewards Certificates will be e-mailed individually month-by-month until all earned Rewards Certificates have been distributed.
    • If the end of a Rewards Term is reached before all earned Rewards Certificates have been distributed to a Participant, all outstanding Rewards Certificates will be e-mailed individually on the 7th of the calendar month that succeeds the end of the Rewards Term.
  • If a Participant returns a Qualifying Product that had previously counted towards their $100 Loyalty Rewards Credit threshold, the return amount will be subtracted from their future accrual. The return of items purchased in a prior Rewards Term will be subtracted from the current Rewards Term's threshold calculation. Negative balances may result.
  • Any Rewards Certificates earned prior to becoming inactive in the Barnes & Noble Kids' Club™ will be distributed on the 7th of the calendar month that succeeds the date of becoming inactive and will remain valid through the expiration date communicated in the e-mail.

Important Information for Barnes & Noble Members:

  • An active Barnes & Noble Member who is enrolled in the Barnes & Noble Kids' Club™ will use and present their B&N Member card for all purchases of Qualifying Products; they will not receive a separate Barnes & Noble Kids' Club™ loyalty card.
  • Loyalty Rewards Credit earned by making purchases of Qualifying Products by active Barnes & Noble Members who are in the Barnes & Noble Kids' Club™ will be tracked in Barnes & Noble stores by presenting a B&N Member card only.
  • An active Barnes & Noble Member who is enrolled in the Barnes & Noble Kids' Club™ does not need to register their Barnes & Noble Kids' Club™ enrollment online prior to making purchases of Qualifying Products at Barnes & Noble.com in order to receive Loyalty Rewards Credit. An active B&N Member should continue to proceed through the Checkout process by providing their B&N Member number when prompted.
  • Expired B&N Members will remain Active Participants in the Barnes & Noble Kids' Club™ provided they continue to meet the enrollment requirements described in Section 1. Expired B&N Members will not be able to receive B&N Kids' Club™ Loyalty Rewards Credit by using or presenting their expired B&N Member card. To receive Loyalty Rewards Credit for store purchases of Qualifying Products at Barnes & Noble stores, expired B&N Members must provide Booksellers with their phone number to access the B&N Kids' Club™ account, or a B&N Kids' Club™ loyalty card, which can be requested through the store Customer Service Desk, or by calling 866-238-7323, and asking for a replacement B&N Kids' Club™ card. To receive Loyalty Rewards Credit for purchases of Qualifying Products online at BN.com, expired B&N Members must ensure their Barnes & Noble Kids' Club™ Account is registered by visiting BN.COM/account.

4. ENROLLMENT.

Enrollment in the Barnes & Noble Kids' Club™ Program is available at all Barnes & Noble stores and online at BN.COM/kidsclub. Participants must provide a valid e-mail address in order to receive all benefits associated with the Program.

Due to standard business processing, in-store enrollments may not be visible online for a short period of time. During that time, child information provided on the in-store Barnes & Noble Kids' Club™ enrollment form may not be visible in the online profile, and therefore birthday benefits described in Section 2 above may not be available. Participants may instead choose to enter this information into the online profile at BN.COM/kidsclub immediately upon joining the Program, which will merge with the details provided on the in-store enrollment form.

5. CERTAIN CONDITIONS.

(a) Enrollment in the Barnes & Noble Kids' Club™ Program is free, and there is no purchase necessary.

(b) For any Barnes & Noble Kids' Club™ Program discounts or other benefit to apply, the Barnes & Noble Kids' Club™ Account must be active and available at the time of purchase. Loyalty Rewards Credit will not be applied to Accounts for purchases made while the Account is in an inactive status.

(c) Discounts from coupons or other offers and Rewards Certificates made available to Barnes & Noble Kids' Club™ Participants are only valid on Qualifying Products at Barnes & Noble stores and online at BN.com. Discounts from coupons or other offers and Rewards Certificates made available to Barnes & Noble Kids' Club™ Participants are not available on the purchase of any of the following, unless specifically stated: hardcover and paperback books located outside the BN Jr area at retail Barnes & Noble stores; hardcover and paperback books not navigable from the Kids' section of BN.com; hardcover and paperback books navigable from the Teens section of BN.com; Elf on the Shelf items; hardcover and paperback children's books marked as "Bargain-Priced" in Barnes & Noble retail stores; hardcover and paperback children's books listed as "Bargain" books on BN.com; Café items; Music; DVDs; Blu-ray Discs; Video Games; Gift Cards; eGift Cards; periodicals; textbooks; digital content (including without limitation eBooks, all children's & teen eBooks, magazines, and periodicals), NOOK® and NOOK related accessories; other hardware and electronics; software; products from the Rosetta Stone Series; downloadable audiobooks in MP3 or any other format; items purchased from the Barnes & Noble Marketplace on the BN.com website (e.g., used books, PC & Video Games, etc.); gift-wrapping fees; shipping or handling fees; or Barnes & Noble Membership fees (new or renewal). Barnes & Noble Kids' Club™ discounts and Rewards Certificates are not available at any Barnes & Noble College Bookstore or website.

(d) Barnes & Noble Kids' Club™ Loyalty Rewards Credit will not be earned on the purchase of any of the following: hardcover and paperback books located outside the BN Jr area at retail Barnes & Noble stores; hardcover and paperback books not navigable from the Kids' section of BN.com; hardcover and paperback books navigable from the Teens section of Barnes & Noble.com; hardcover and paperback children's books marked as "Bargain-Priced" in Barnes & Noble retail stores; hardcover and paperback children's books listed as "Bargain" books on BN.com; Café items; Music; DVDs; Blu-ray Discs; Video Games, Gift Cards; eGift Cards; periodicals; textbooks; digital content (including without limitation eBooks, all children's & teen eBooks, magazines, and periodicals), NOOK® and NOOK related accessories; other hardware and electronics; software; Rosetta Stone product; downloadable audiobooks in MP3 or any other format; items purchased from the Barnes & Noble Marketplace on the BN.com website (e.g., used books, PC & Video Games, etc.); gift-wrapping fees; shipping or handling fees; Barnes & Noble Membership fees (new or renewal); or any printing costs associated with the Barnes & Noble Print Books on Demand Service.

(e) Barnes & Noble Kids' Club™ Loyalty Rewards Credit will not be earned on purchases made with the following discounts: Barnes & Noble Educator discounts; library discounts; government discounts; Student Advantage discounts; in-store corporate discounts; in-store institutional discounts; and in-store or online volume order discounts.

(f) Discounts earned via the Barnes & Noble Kids' Club™ cannot be used in conjunction with any coupons or with any corporate or prearranged group discounts, unless specifically stated. Such exclusion includes the following, without limitation: Barnes & Noble Educator discounts; library discounts; government discounts; Student Advantage discounts; in-store corporate discounts; in-store institutional discounts; and in-store or online volume order discounts.

(g) The Barnes & Noble Kids' Club™ Program is for individual use only and is non-transferable. When used online at BN.com, a Barnes & Noble Kids' Club™ Account may only be associated with one BN.com account. Barnes & Noble reserves the right to limit the number of Barnes & Noble Kids' Club™ Accounts per household.

(h) Barnes & Noble Kids' Club™ Participants are expected to submit and maintain accurate and current user information in connection with their Account. Such information includes name, address, e-mail address, and telephone number. Periodically we may utilize the National Change of Address (NCOA) system to update the home mailing address of Barnes & Noble Kids' Club™ Accounts in our database, through information provided by the United States Postal Service. Barnes & Noble Kids' Club™ Participants can change their Account information by requesting an update from a Bookseller at the customer service information desk of any Barnes & Noble store or by visiting BN.COM/kidsclub. We cannot assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected.

6. TERM.

The term of a Barnes & Noble Kids' Club™ Account shall commence on the date of enrollment and continue until the age of youngest child in the Participant's profile reaches 13 years old.

7. CANCELLATION; TERMINATION.

(a) You have the right to cancel your Barnes & Noble Kids' Club™ Account at any time. Canceled Accounts will not be accessible at BN.COM/kidsclub and will no longer be eligible for the Program benefits described in Sections 2 and 3 above. Accounts can be canceled by contacting B&N Member Services at 1-866-238-7323. If all children in your Barnes & Noble Kids' Club™ profile are age 13 years or greater, your Account will be considered Expired and will remain accessible at BN.COM/kidsclub but will no longer be eligible for the Program benefits described in Sections 2 and 3 above. If you remove all children from your Barnes & Noble Kids' Club™ profile, your Account will be considered Expired and will remain accessible at BN.COM/kidsclub but will no longer be eligible for the Program benefits described in Sections 2 and 3 above.

(b) We may terminate your Barnes & Noble Kids' Club™ Account at any time without notice, for any reason at our sole

discretion, including without limitation our belief that continued use of such Barnes & Noble Kids' Club™ Account would

violate any provisions of these Terms and Conditions, applicable law, or otherwise be harmful to our interests.

(c) We may terminate any or all of the benefits available under the Barnes & Noble Kids' Club™ Program at any time with or without notice for any reason at our sole discretion.

8. PRIVACY POLICY.

The information we capture through the Barnes & Noble Kids' Club™ will be subject to the Barnes & Noble Privacy Policy as amended from time to time in accordance with its terms. You may view the current version of the Barnes & Noble Privacy Policy at any time online at BN.com or you may obtain a copy of it by calling Customer Service at 1-800-THE-BOOK.

9. DISCLAIMERS; LIMITATION OF LIABILITY.

USE OF THE BARNES & NOBLE KIDS' CLUB™ PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE BARNES & NOBLE KIDS' CLUB™ BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

BARNES & NOBLE BOOKSELLERS, INC. AND ALL OF ITS RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS MAKE NO WARRANTY THAT (i) THE BARNES & NOBLE KIDS' CLUB™ PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE BARNES & NOBLE KIDS' CLUB™ WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH YOUR USE OF THE BARNES & NOBLE KIDS' CLUB™ PROGRAM WILL MEET YOUR EXPECTATIONS.

THE BARNES & NOBLE KIDS' CLUB™ PROGRAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EDUCATOR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BARNES & NOBLE KIDS' CLUB™ PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE BARNES & NOBLE KIDS' CLUB™ PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF BARNES & NOBLE KIDS' CLUB™ PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE BARNES & NOBLE KIDS' CLUB™ PROGRAM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

10. GOVERNING LAW.

This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of law principles.

11. CHANGES TO TERMS AND CONDITIONS.

We may change these Terms and Conditions at any time without notice or liability by posting a revised Agreement on the Barnes & Noble Kids' Club™ website located at BN.COM/kcterms. Any change shall take effect immediately, unless otherwise provided. You may view the current version of these Terms and Conditions at any time online at BN.COM/kcterms. You may also obtain a copy at any Barnes & Noble store or by calling Customer Service at 1-866-238-7323.

This Agreement was last modified on July 17, 2018.