Last Revised November 1, 2021
Calvin Klein MOBILE PROGRAM
The following terms and conditions (the "Terms") govern youruse of the Calvin Klein Mobile Program (the "Program") inthe United States and Puerto Rico provided to you by PVH Corp.("PVH”), parent company of Calvin Klein, Inc. ("CalvinKlein") owner of the Calvin Klein brand (collectively,“we” or “us”). Your use of any aspect of theProgram will constitute your agreement to comply with these terms andconditions and consent to receive text messages relating to theProgram. By joining, you represent and warrant that you: (i) have theright, authority, and capacity to consent to these Terms in theirentirety; (ii) have read, understand, and agree to all of these Terms;and (iii) are over the age of majority in your state of residence.
We reserve the right, in our sole discretion, to modify these Terms atany time with or without advance notice. You can always find the mostrecent version of these Terms on the Calvin Klein websitehere. To the fullest extent permitted under applicable law, yourcontinued participation in the Program after modification constitutesyour acceptance of these Terms as modified. We may, in our solediscretion, terminate, change, modify, suspend, make improvements toor discontinue any or all aspects of the Program, temporarily orpermanently, including the availability of any features of theProgram, at any time with or without notice to you. You agree that weshall not be liable to you or to any third party for any modification,suspension or discontinuance of the Program.
1. OPT OUT AND HELP
OPT OUT
To opt out of the Mobile Program, please send thewordsSTOPto 225846
You will receive a final confirmation message stating that you havebeen unsubscribed. Please allow a reasonable time period to processyour request.
Please note that opting out of the Mobile Program will not opt you outof the Loyalty Program. To opt out of the Loyalty Program, pleasecontact our customer support at 866-513-0513 or by clicking thefollowing link:https://help.calvinklein.com/s/brand-form.
HELP
For help with the Program, please send thewordsHELPto 225846
Please contact our customer support at 866-513-0513 or by clicking thefollowing link:https://help.calvinklein.com/s/brand-form
2. THE Mobile PROGRAM& The Preferred program
We offer through the Program text messages delivered to your mobilephone. Upon submission of your initial opt in, you will receive a textmessage confirming your request to join the Program. Your affirmativereply to our text message will constitute your written consent to jointhe Program and your agreement to comply with these terms andconditions. You will then receive an opt-in confirmation text message.We will then send no more than ten marketing text messages per month.
Please note that by joining the Mobile Program, you are also joiningour Preferred Program. Participants of our Preferred Program will earnone point for each dollar of a qualifying purchase (excluding taxes,shipping, and fees), pursuant to our Preferred Program Terms andConditions,Terms and Conditions. You consent to receive emails about your earned rewards at theemail you provide us when you join the Program. You can also use thatemail to create an account on our e-Commerce website,https://www.calvinklein.us/LogonFormc, where you can track your earned rewards.
3. TO JOIN / ELIGIBILITY
We are pleased to offer you mobile text alerts. Please feel free tojoin the Program to receive our alerts through your wireless device.You can opt in to receive messages by texting the appropriate codenoted at either our Calvin Klein retail shops or or finding our textmessage sign up code online at calvinklein.com. Only legal residentsof the 50 United States (including the District of Columbia) andPuerto Rico may enroll in the Program. Those residing outside of theforegoing jurisdiction are not permitted to enroll. You are requiredto provide true, accurate, and complete information about yourself asprompted by the enrollment form or the messages you receive via textduring the opt-in process. You acknowledge and agree that we will haveno liability associated with or arising from your failure to provideaccurate enrollment information, including, without limitation, yourfailure to receive offers and important information and updates aboutthe Program. If we have reasonable grounds to suspect that theinformation you provided is untrue, inaccurate or incomplete, we maysuspend or terminate your enrollment in the Program.
4. NO CHARGE FOR THE PROGRAM BY US, BUT CARRIER CHARGES MAY APPLY
We do not charge for providing you with the Program. However, pleasecheck your wireless service plan, as your mobile carrier may chargeyou for text messages. Standard message and data rates may apply, andcharges are billed by and payable to your mobile service provider.Compatible carriers include: AT&T, Sprint/Boost/Virgin,T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina WestWireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska,Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, AppalachianWireless, Atlantic Tele-Network International (ATN), Bandwidth,Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular NetworkPartnership (PIONEER), Cellular One of East Central Illinois, CharitonValley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), CopperValley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBOWireless), Duet IP (Maximum Communications New Core Wireless), ElementMobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCICommunications Corp, Golden State Cellular, i Wireless (IOWAWireless), Illinois Valley Cellular (IV Cellular), Immix(KeystoneWireless), Inland Cellular Telephone Company, Leaco, Mosaic(Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular OneNation), Nex-Tech Wireless, Northwest Missourri Cellular Limited,Panhandle Telecommunications Systems(PTCI), Peoples Wireless, PineBelt Wireless, Pine Cellular, Revol Wireless USA, RINA, SagebrushCellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRTWireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, UnionTelephone Company(Union Wireless), United Wireless, Viaero Wireless,West Central Wireless (5 Star Wireless).
T-Mobile is not liable for delayed or undelivered messages.
5. OFFER TERMS
For Dollar Off Promotions:
Any promotional offer (“Offer”) you receive through theProgram is redeemable for the amount stated on the Text. Offer mayonly be applied to a purchase amount that is equal to or greater thanthe offer amount. Offer must be presented in-person at Calvin Kleinretail stores in the United States and Puerto Rico or atcalvinklein.com. Offer valid thru expiration date provided in Text.The following additional terms apply: (i) offer cannot be combinedwith associate discount; (ii) one redemption per person; (iii) notvalid on gift cards; (iv) not redeemable for store credit or cash; (v)customer must present the mobile message at time of purchase toreceive the offer. (vi) any discount (as shown on the receipt) appliedto merchandise that is returned will be deducted from any refundamount. Certain other restrictions may apply. Please see storeassociate for details. Terms subject to change.
For Percentage Off Promotions:
Any promotional offer (“Offer”) you receive through theProgram is redeemable for an amount up to the discount stated on theText and must be presented in-person at Calvin Klein retail stores inthe United States and Puerto Rico or at calvinklein.com. Offer validthru expiration date provided in Text. The following additional termsapply: (i) offer cannot be combined with associate discount; (ii) oneredemption per person; (iii) not valid on gift cards; (iv) notredeemable for store credit or cash; (v) customer must present themobile message at time of purchase to receive the offer. (vi) anydiscount (as shown on the receipt) applied to merchandise that isreturned will be deducted from any refund amount. Certain otherrestrictions may apply. Please see store associate for details. Termssubject to change.
For Online Shipping Promotions:
Any promotional offer (“Offer”) you receive through theProgram is redeemable for the amount stated on the Text. Offer must bepresented at calvinklein.com. Offer valid thru expiration dateprovided in Text. The following additional terms apply: (i) offercannot be combined with associate discount; (ii) one redemption perperson; (iii) not valid on gift cards; (iv) not redeemable for storecredit or cash; (v) customer must present the mobile message at timeof purchase to receive the offer. (vi) any discount (as shown on thereceipt) applied to merchandise that is returned will be deducted fromany refund amount. Certain other restrictions may apply. Terms subjectto change.
6. PRIVACY
Please see our Privacy Policy herefor more information about how we process your personal information.For questions about how we handle your personal information, pleasecontact privacy@calvinklein.comt
7. PROPRIETARY RIGHTS
All ownership rights and title in and to the Program are owned by usor our licensors and are protected under applicable copyrights,trade-marks and other proprietary (including, without limitation,intellectual property) rights and international treaties. Unless andexcept as expressly stated in these Terms, you may not reproduce,perform, create derivative works from, republish, upload, post,transmit or distribute in any way the Program, or any portion therein,including, without limitation, any text messages, content, or otheraspect of the Program, without our prior written permission. Allrights not expressly granted to you through these Terms are retainedby us. Nothing in these Terms grants to you any right to use any ofour or any other third party's trade-marks, service marks, logos,domain names or other indicia of origin.
8. USER CONDUCT
You agree that you will comply with all applicable local, state,national and any other laws, regulations and other legal requirementsthat relate to your participation in the Program. In addition, inparticipating in the Program, you agree, without limitation:
- not to use the Program in breach of these Terms;
- not to disrupt or interfere with the security of, or otherwiseabuse, the Program, or any part of the Program;
- not to attempt to obtain unauthorized access to the Program orportions of the Program that are restricted from general access;
- not to use the Program in any manner that could be deemed falseand/or defamatory, abusive, vulgar, hateful, harassing, obscene,profane, threatening, invasive of a person's privacy, or inviolation of any third party rights; and
- to comply with any other requirements, restrictions or limitationsimposed by us from time to time.
9. CONTENT
You agree not to modify the format or branding of the content providedin the Program or to add any materials, including any advertisem*ntsor other promotional content, to such content. The Program and contentpart of the Program is owned by us, our affiliates, or licensors andis protected by intellectual property laws. We grant you a limited,non-exclusive, non-transferable, revocable license to download and usethe content on a designated compatible mobile device, solely for yourown personal, non-commercial use. You shall not reproduce, modify,perform, transfer, distribute, sell, create derivative works of orotherwise use or make available the content or the Program except asexpressly provided for in this Agreement.
10. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
This Program, in whole and in part is provided on an "as is"and "as available" basis, without express or impliedwarranties of any kind, including, without limitation, warranties oftitle, implied warranties of merchantability or fitness for aparticular purpose. To the fullest extent permitted under applicablelaw, you expressly acknowledge and agree that you assume soleresponsibility and risk for your use of the Program and the resultsand performance thereof. In no event and under no cause of action,including, without limitation, negligence, shall we, our affiliates orany of our respective officers, directors, members, employees orauthorized agents, vendors or service providers (collectively, the" parties") be liable for any damages, claims, expenses,losses or liabilities (including, without limitation, direct,compensatory, incidental, indirect, special, consequential orexemplary damages), however caused and under any theory of liability,arising from or in connection with the Program and/or these Terms,even if we are advised of the possibility of such damages, claims orlosses. Without limiting the generality of the foregoing, we shall notbe liable to you or any third party for: (a) your use of or inabilityto use the Program; (b) any messages or the content of any messagesprovided to you; (c) any goods, services or information purchased,received, sold or paid for in connection with the Program; (d)disputes between you and us; (e) any inaccuracy, incompleteness ormisinformation contained in any information provided through theProgram; (f) unauthorized access to, or alteration or loss of, yourtransmissions or data, or other information that is collected, storedor sent in connection with the Program; (g) errors, system down time,network or system outages, file corruption or service interruptions;or (h) any other use by you of the Program. Your sole remedy underthese Terms shall be to discontinue any use of the Program. Somejurisdictions do not allow the disclaimer, exclusion or limitation ofcertain warranties, liabilities and damages, so some of the abovedisclaimers, exclusions and limitations may not apply to you. In suchjurisdictions, our liability will be limited to the fullest extentpermitted by applicable law.
11. CHILDREN'S INFORMATION
Our websites, applications, and our Mobile Program are not directed tochildren under the age of 13. If we become aware that a user is underthe age of 13 and has registered without prior verifiable parentalconsent, we will remove their information from our files. If a parentor guardian discovers that a child under the age of 13 has provided uswith information, we ask that you contact us atprivacy@calvinklein.com.
12. GENERAL TERMS
(a) Notices. You agree that we may provide you with notices and otherdisclosures in connection with the Program by text message, postingson the website or other reasonable means of communication. Forcommunications that we are otherwise required under applicable law toprovide in a written paper format to you, you agree that we mayprovide such communications or records by means of electroniccommunications.
(b) Waiver. Our failure to exercise or enforce any provision or rightcontained in these Terms shall not be deemed a waiver of suchprovision or right.
(c) Entire Agreement. The Terms (including the Privacy Policyincorporated into these Terms by reference) constitute the entireagreement between us with respect to your use of this Program.
(d) Indemnification. To the greatest extent permitted by applicablelaw, you agree to indemnify, defend and hold us harmless from anyloss, liability, claim, or demand, including, without limitation,costs and reasonable legal fees, due to, in connection with or arisingout of your use of the Program or arising from your breach of theseTerms, including any representation or warranty set forth herein, yourviolation of applicable laws, or your negligence, misconduct, orviolation of any rights of another person or entity.
(e) Severability. If any provision of these Terms shall be deemedunlawful, void or for any reason unenforceable by a court of competentjurisdiction, then that provision shall be deemed severable from theseTerms and shall not affect the validity and enforceability of anyremaining provisions.
(f) Disputes. To the fullest extent permitted by law, you agree thatany and all disputes, claims and causes of action arising out of or inconnection with these Terms or the Program (each a"Dispute") will be governed by and construed under the lawsof the State of New York, excluding only its conflict of lawprovisions, and will be resolved on an individual basis, withoutresort to any form of class action and you expressly waive any rightyou may have to arbitrate a Dispute as a class action. You alsoexpressly waive your right to a jury trial. In the event of a Dispute,you and “we”each agree to submit exclusively toconfidential, binding arbitration which will be held in New York, NewYork. The arbitration will be administered by JAMS (http://www.jamsadr.com). You may obtain a copy of the rules of JAMS by contacting theorganization. You and “we” shall agree on one arbitratorto conduct the arbitration. In the event the parties cannot agree onan arbitrator, the arbitrator will be selected in accordance with theJAMS rules. Each party shall be responsible for its own attorneys',expert and other fees, unless such fees are awarded by the arbitratorto the prevailing party. The arbitrator's award is final and bindingon all parties. The Federal Arbitration Act, and not any state lawconcerning arbitration, governs all arbitration under this clause. Anycourt having jurisdiction may enter judgment on the arbitrator'saward. If any part of this clause, other than waivers of class actionrights, is deemed or found to be unenforceable for any reason, theremainder shall remain enforceable. Notwithstanding anything to thecontrary contained herein, if the waiver of class action rightscontained herein is not enforceable as to any person or persons, suchnon-enforceability shall apply to such person or persons only, and allother persons shall continue to be governed by this clause. As statedabove, these terms provide that all Disputes will be resolved bybinding arbitration and not in court or by jury trial. IF A DISPUTE ISARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASSREPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINSTUS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OFINDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UPYOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH INANY STATE STATUTE.
(g) Assignment. You may not assign these Terms, by operation of law orotherwise, without our prior written consent. We reserve the right tofreely assign these Terms, and the rights and obligations hereunder,in whole or in part to any affiliate or third party without notice orconsent. Subject to the foregoing, these Terms will be binding on,inure to the benefit of, and be enforceable against you and yourrespective successors and assigns.
For questions contact:
Calvin Klein U.S.A., Inc.
205 W 39th Street
New York, NY 10018
Attn: Mobile Program Team
Tel: 866-513-0513
