PROMOTIONAL TERMS AND CONDITIONS

GUESS List - Terms & Conditions

Use of the GUESS List  Loyalty Card constitutes acceptance of the following terms and conditions and all future Program rules (this "Agreement") by each GUESS List  Loyalty Program Member ("Member"):

1. BENEFITS.
The GUESS List Loyalty Program (the "Program") provides GUESS customers with the following benefits subject to the terms and conditions contained in this Agreement (collectively, the "Benefits"):
(a) Shop at participating GUESS and GUESS Accessories store locations in Australia or online at shop.guess.net.au, present your GUESS List Loyalty Card prior to checkout (or enter your Loyalty Card number or email address where indicated for online purchases) and receive one (1) point (each a "Point") for nearly every dollar you spend on Qualifying Purchases as set forth in Section 4a below.
(b) For every 500 Points you earn you will receive a $25 Award applicable towards your next purchase at a Participating Store (each an "Award"). Awards issued will expire automatically after 90 days.
(c) In addition, as you use your GUESS List Loyalty Card, you may be eligible to receive special discounts, earn double points or participate in other exciting GUESS promotions including in-store events, exclusive parties and store openings.
(d) The 10% off promotion for first online purchase applies once to new members with no previous purchase history either online or in participating Guess stores.
To celebrate your birthday, GUESS List members are also eligible to receive double points during the month of their birthday.

2. ENROLMENT.
(a) No purchase is necessary to become a Member. To apply, you must either (1) visit a Participating Store and provide your full name, a valid e-mail address and your current post code to receive your GUESS List Loyalty Card and then go online to shop.guess.net.au to complete additional enrolment information or (2) simply apply online at shop.guess.net.au. You must provide a valid e-mail address to be eligible to receive any Benefits associated with the Program.
(b) Enrolment begins upon activation in store or online but you can opt out of the Program at any time as more fully set forth in Section 8 below.
(c) Member must be a legal resident of Australia or New Zealand and 13 years of age or older to participate in the Program. The sponsors of the Program are GUESS Australia Pty Ltd. Employees of Guess, GUESS Australia Pty Ltd, its subsidiaries and affiliates, and their immediate families, and others who are eligible for employee-based discounts, or members of any corporate or wholesale account of GUESS are not eligible for Membership in the Program and Program Benefits may not be applied towards transactions by such individuals. GUESS reserves the right in its sole discretion to accept or deny any membership request in the Program.

3. GENERAL TERMS AND CONDITIONS.
(a) GUESS List Loyalty Membership is not transferable and may only be used by an individual Member for the Member's personal benefit. Member Benefits cannot be combined with Benefits accrued by another Member. GUESS may request proper identification with regard to Program transactions. Member Benefits will not be applied retroactively to any purchases. Other exclusions may apply.
(b) GUESS is not responsible for lost or stolen membership cards. GUESS may, in its sole discretion, permit replacement cards to be issued and any remaining points at the time GUESS issues the replacement card may be transferred. If GUESS agrees to issue a replacement card to the Member, GUESS assumes no responsibility for replacing any points or Awards accrued prior to the date GUESS is notified in writing of the Member's loss.
(c) Member agrees that the Program and any Benefits related thereto do not create any property rights whatsoever in favour of Member.
(d) Member shall be responsible for maintaining accurate and updated personal information with the GUESS List Loyalty Membership Program Department. Members may update their personal information online at shop.guess.net.au or at any Participating Store. GUESS is not responsible for Awards or other Benefits that are not received as a result of loss or Member's failure to update Member's personal information.
(e) GUESS, the GUESS logos, the GUESS List Loyalty Program and other logos and taglines are the intellectual property of GUESS?, Inc., licensed to others under controlled conditions.
(f) Membership rules are void where and to the extent prohibited by law. Taxes may apply where required by law.

4. POINTS AND AWARDS ACCRUAL.
(a) Points accrual will be calculated based on Member's Qualifying Purchases. "Qualifying Purchases" are purchases made at Participating Locations, excluding purchases of gift cards and certain merchandise items that are excluded in particular promotions and shall be calculated based on the final sale price of merchandise after any applicable discounts and coupons are applied (including Awards redeemed) and before sales tax and shipping and handling (if applicable) is added. Points shall be calculated based on the final sale price in the local currency. Other exclusions may apply. Members may earn additional Points through special offers and promotions.
(b) Points will post to your account within 30 days of in-store purchase, date of on-line purchase or date of shipment. No adjustments to your account ("Account") will be made after the actual purchase date except as indicated below.
(c) Points apply only to the first GUESS List Loyalty Card scanned in connection with any purchase, or the Member's Account associated with the e-mail address input prior to purchasing online at shop.guess.net.au.
(d) Points earned from a Qualifying Purchase shall be deducted from Member's account if the Qualifying Purchase is returned or exchanged.
(e) Once Member accrues 500 Points, those Points will be automatically deducted from Member's Account and an Award in the amount of $25 shall be issued to Member's GUESS List Loyalty Card. Awards will be issued to your GUESS List Loyalty Card approximately 24 hours after reaching the appropriate Points accrual level. All Awards shall be issued in local currency and can only be used at participating stores.
(f) GUESS may adjust the number of Points required to be eligible for an Award or the Award amount to be issued, at any time, in its sole discretion, with or without notice.
(g) Awards are coupons for discounts off future purchases and may only be redeemed for a discount off purchase amounts equal to or greater than the amount of the sum of the Awards presented for redemption at Participating Stores, excluding tax. Awards shall not be refunded if you return or exchange merchandise purchased using an Award coupon. Points earned towards such Award shall not be reinstated to your account.
(h) Any unused Points and Awards shall be forfeited if Member's membership in the Program is cancelled for any reason.

5. AWARDS REDEMPTION.
(a) Awards are redeemable at Participating Stores for future purchases of any eligible merchandise available at Participating Stores only and cannot be used towards the purchase of gift cards or certain other merchandise. You may be notified of additional ineligible merchandise. Awards have no cash value, are non-transferable, are not applicable to prior purchases or exchange transactions, and no change will be given for Award redemptions. Awards may only be used once. Other restrictions may apply.
(b) Awards may be used in conjunction with most other discounts (excluding employee discounts), promotions or offers towards the purchase of merchandise not to exceed the purchase amount at Participating Stores only.
(c) Unless otherwise indicated, each Award will expire and are forfeited if not redeemed within 3 months from the date it is issued.

6. PARTICIPATING STORES.
The GUESS List Loyalty Card is accepted at most GUESS and GUESS Accessories storesand online at shop.guess.net.au. The GUESS List Loyalty Card is not accepted at any international locations and certain GUESS outlets stores.

7. MEMBER PRIVACY.
By becoming a Member of the Program, you agree to receive advertising, marketing materials and other communications from GUESS and its affiliates. The information we collect will be used to help us provide a more personalized shopping experience and personalized discounts applicable to purchases at Participating Stores. The personal information you provide as a Member of the Program will be handled and retained in accordance with the GUESS privacy.

8. MODIFICATION AND TERMINATION.
GUESS may terminate or modify the Program and/or these terms and conditions from time to time without notice and without any further obligations to Members. Updates shall be effective on the date they are posted on the websites below; continued use of Member's membership card after such date constitutes acceptance of all such changes. The most recent terms and conditions of the Program can be found at shop.guess.net.au.

GUESS may also terminate the Program at any time through written notice sent to Member via e-mail (Members without valid e-mails will be notified the next time their card is presented at a Participating Location). Upon termination of the Program, Member shall forfeit all unredeemed Points earned as of the termination date but any Awards issued shall remain in full force through their individual expiration dates. Member may choose to opt out of the Program at any time by providing notice by mail or e-mail; however, all Awards and Points shall be forfeited at such time. Cancellation may take from 6 to 8 weeks to finalize. GUESS reserves the right to terminate your Membership at any time in its sole discretion.

All correspondence for the GUESS List Loyalty Card should be addressed to:
GUESS List Loyalty Program
Attn: Customer Care
Unit 14/37-41 O'Riordan St
Alexandria NSW 2009

9. GOVERNING LAW AND ARBITRATION.
This Agreement shall be governed by and construed under the laws of Australia, without reference to conflict of law provisions. GUESS and Member agree that any dispute, claim or controversy arising from or relating to this Agreement or Member's Membership shall be resolved by binding arbitration conducted in the State of NSW. GUESS and Member acknowledge and agree that by accepting Member's Membership in the Program, each has chosen arbitration rather than litigation to resolve any such dispute, claim or controversy and each submit to the jurisdiction of the state of NSW for the resolution of all disputes, claims or controversies arising under this Agreement. GUESS and Member understand that a judgment on any arbitral award may be entered in any court having jurisdiction. No arbitration under this Agreement shall be consolidated with any other arbitration.

10. NO WARRANTY.
GUESS AND ITS AFFILIATE ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS OR SERVICES RELATED THERETO AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES.

11. RELEASE OF LIABILITY.
MEMBER HEREBY RELEASES GUESS AND ITS AFFILIATE ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM OR RELATING TO THE PROGRAM, MEMBER'S MEMBERSHIP IN THE PROGRAM OR THIS AGREEMENT.

Terms & Conditions

Overview:

The following rules and regulations apply to all visitors to or users of the GUESS Australia Pty Ltd Web Site. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by GUESS Australia Pty Ltd at any time and posted on this Web site. In the event of a violation of these rules and regulations, GUESS Australia Pty Ltd reserves the right to seek all remedies available by law and in equity.

Limited License:

GUESS Australia Pty Ltd's Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other Australian and international laws and treaties. All Materials are provided by GUESS Australia Pty Ltd as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; (b) you may not access or use the GUESS Australia Pty Ltd Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. GUESS Australia Pty Ltd may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by GUESS Australia Pty Ltd.

Trademarks:

GUESS Australia Pty Ltd and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of GUESS Australia Pty Ltd Pty. Ltd. and are protected by Australian and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the GUESS Australia Pty Ltd Web Site. Your misuse of the trademarks displayed on the GUESS Australia Pty Ltd Web Site is strictly prohibited. You are also advised that GUESS Australia Pty Ltd will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Patents:

One or more patents may apply to this website.

Linking:

Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the GUESS Australia Pty Ltd Web Site. None of such links should be deemed to imply that GUESS Australia Pty Ltd endorses the Third Party Sites or any content therein.

GUESS Australia Pty Ltd does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and GUESS Australia Pty Ltd will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Special Notice:

GUESS Australia Pty Ltd has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any GUESS Australia Pty Ltd web page is prohibited absent express written permission from GUESS Australia Pty Ltd. Framing, inline linking or other association of the GUESS Australia Pty Ltd Web site or its Materials with links, advertisements and/or other information not originating from the GUESS Australia Pty Ltd web site is expressly prohibited.

One or more patents may apply to this Website.

Disclaimer of Warranty:

Access to GUESS Australia Pty Ltd's Web Site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. GUESS Australia Pty Ltd reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

Jurisdiction:

GUESS Australia Pty Ltd controls this Web Site from its offices within the State of Victoria, Australia. GUESS Australia Pty Ltd does not imply that the materials published on this Web Site are appropriate for use outside of Australia. If you access this Web Site from outside of Australia, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of the state of Victoria, Australia, without giving effect to its conflict of laws provisions.

Your Communications:

GUESS Australia Pty Ltd shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to GUESS Australia Pty Ltd through the Web Site shall be subject to the Web Site's Privacy Policy.

Limitation of Liability:

IN NO EVENT WILL GUESS Australia Pty Ltd BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF GUESS Australia Pty Ltd IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Revisions:

GUESS Australia Pty Ltd may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. GUESS Australia Pty Ltd also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. GUESS Australia Pty Ltd may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.

Notice for Copyright Infringement:

GUESS Australia Pty Ltd does not permit copyright infringing activities on this Web site. GUESS Australia Pty Ltd may remove any content of any kind that a user posts to this Web Site ("User Communications"), e.g., if properly informed that the User Communications infringe another's copyright rights. GUESS Australia Pty Ltd may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Web Site is determined to be a repeat infringer.

If you are a copyright owner or an agent for such owner and believe that any User Communications on this Web site by third parties infringes upon your copyrights, you may notify GUESS Australia Pty Ltd by providing the following information in writing:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

(2) Identification of the location where the original or an authorized copy of the copyrighted work exists;

(3) Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit GUESS Australia Pty Ltd to locate the same;

(4) Information reasonably sufficient to permit GUESS Australia Pty Ltd to contact you, such as an address, telephone number, and, if available, an email address;

(5) A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows:

By Mail: GUESS Australia Pty Ltd
General Counsel's Office
c/o GUESS Australia Pty Ltd Pty Ltd
P.O. Box 444
Alexandria, NSW 2017

If you fail to comply with all of the requirements above, your notice may not be valid.