Bath & Body Works | Terms and Conditions Of The Members Rewards App

Hey fragrance fan,
Important updates are being made to the Rewards program Terms & Conditions. Effective July 20, 2022:

  • Members will receive one free full-size product (up to $16.50) for every 1,000 points earned
  • Terms requiring that you arbitrate disputes will be revised

By continuing to use the Rewards Program on or after July 20, 2022, you are agreeing to be bound by the new terms.

Thanks for testing our Rewards program. Because of your participation, My Bath & Body Works Rewards will be launching nationwide this summer, so stay tuned for more updates!

VIEW TERMS & CONDITIONS


 

MY BATH & BODY WORKS LOYALTY PROGRAM TERMS AND CONDITIONS

ALL DISPUTES REGARDING THESE TERMS WILL BE RESOLVED VIA ARBITRATION ON AN INDIVIDUAL BASIS (AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION). SEE SECTIONS 16 AND 17 FOR ADDITIONAL DETAILS.

Welcome to the My Bath & Body Works loyalty program (“My Bath & Body Works” or the “Program”). These Program Terms and Conditions (“Terms”) contain important information about your rights and obligations in the Program. My Bath & Body Works is provided by Bath & Body Works which is solely responsible for the Terms of the Program. Bath & Body Works may modify, add or delete any of these Terms, benefits or Rewards, in whole or in part, at any time, even though such changes may affect the value or amount of your Eligible Purchase spend, Points, and Rewards (collectively, the “Loyalty Components”) already accumulated and/or the time for redemption. Participating in the Program means you are bound by these Terms.

  1. 1. General Information; Definitions; Changes

    • Participation in the Program and its benefits are offered at the sole discretion of Bath & Body Works Brand Management, Inc., Bath & Body Works Direct, Inc., or their affiliates or assignees (collectively referred to herein as “Bath & Body Works”). All Terms apply to Program membership, earning Loyalty Components, Reward redemption, and all other Program benefits. Other restrictions may apply.
    • BATH & BODY WORKS MAY, AT ANY TIME, CHANGE ANY AND ALL ASPECTS OF THE PROGRAM, SPECIAL PROMOTIONS, AND THESE TERMS, OR OTHERWISE END THE PROGRAM. Bath & Body Works will provide thirty (30) days’ notice prior to termination of the Program. See Section 18 for additional details regarding updates to the Terms.
    • The Program allows you to earn Rewards (each, a “Reward”) by accumulating Points (defined below) on the dollars you spend, as described in Section 3 below, by: (i) presenting your Program barcode (which can be accessed via the Bath & Body Works Mobile Application (“App”) or via your Account on www.bathandbodyworks.com (the “Website”)) or (in some states) providing the phone number or email address associated with your Account for in-store purchases; or (ii) signing in to your Account for purchases made on the Website or via the App.
    • In these Terms, “Participant”, “you”, and “your” mean the Account holder. “Account” means your Program account. “We”, “our”, “ours”, and “us” mean Bath & Body Works. “Point(s)” means the credit you accrue or earn toward your next Reward, as detailed in Section 3 of the Terms. These Terms contain the entire understanding between you and Bath & Body Works regarding the Program.
    • The Program is intended for personal use only and commercial use is prohibited. You are limited to one Account. Your Account and membership are personal to you. You may not transfer to others your Account or membership in the Program, or any benefit of any kind. Moreover, Loyalty Components are not transferable and may not be combined or conveyed by any means to anyone, including through your estate, and may not pass to your successors and assigns and, as such, Loyalty Components are not transferable by you (i) upon death, (ii) as part of domestic relations proceedings, or (iii) otherwise.
    • In-store Program Participation can occur only at participating Bath & Body Works stores. Find participating stores here (“Participating Stores”).

  2. 2. Eligibility; Enrollment

  3. 3. Earning Points and Rewards
    • You will earn one (1) Point toward your next Reward for every ten cents ($.10) of Eligible Purchase spend. “Eligible Purchases” are the actual amount paid on any purchases of goods and/or services made by you after any applicable discounts are applied, excluding shipping and handling fees, applicable taxes, gift card purchases, gift wrap, and gift-wrap fees. Points will be earned at the time of purchase for in-store purchases, at the time of shipment for Website or App orders, and at the time of pickup for Buy Online, Pick Up In Stores (“BOPIS”) orders. In the event a Website or App order has multiple shipments, or is a mix between shipped and BOPIS products, Points will be assessed based upon the price of the products in each shipment or BOPIS order. Eligible Purchase spend ending in five cents or more will be rounded up to the next ten-cent increment and Eligible Purchase spend ending in four cents or less will be rounded down to the current ten-cent increment for the purposes of earning Points for every ten cents of Eligible Purchase spend in the transaction. For example, if a transaction has twelve dollars and twenty-four cents ($12.24) of Eligible Purchase spend, the Eligible Purchase spend will be rounded down to twelve dollars and twenty cents ($12.20) and one hundred and twenty-two (122) Points will be earned.
    • Bath & Body Works may from time to time, in its sole discretion, provide select Participants the opportunity to, on a limited time basis, earn Points in other ways (such as through other offers and activities we make available) that will be independent of the ability to earn one (1) Point for every ten cents ($.10) of Eligible Purchase spend (each, a “Bonus Opportunity”). The terms and conditions that apply to each Bonus Opportunity will be determined by Bath & Body Works in its sole discretion. Bath & Body Works will make efforts to notify eligible Participants of any Bonus Opportunity available to them and such notification will contain the terms and conditions associated with the Bonus Opportunity. Notification of the Bonus Opportunity may be made through email, through notice in the App, through notice in stores or in any other way deemed acceptable by Bath & Body Works in its sole discretion. Please check the terms and conditions of any Bonus Opportunity carefully, as there may be important conditions or limitations associated with the Bonus Opportunity and/or its Points.
    • Bath & Body Works may from time to time, in its sole discretion, surprise select Participants by awarding Participants additional Points or with other special offers (each, an “Automatic Bonus”). The terms and conditions that apply to each Automatic Bonus will be determined by Bath & Body Works in its sole discretion. Participants may or may not be notified of the opportunity to receive the Automatic Bonus prior to the Automatic Bonus being awarded to their account. Please check any terms and conditions associated with an Automatic Bonus carefully as there may be important conditions or limitations associated with the Automatic Bonus and/or its Points.
    • Purchases made within seven (7) days prior to the Enrollment Date and after the Enrollment Date are eligible to qualify as Eligible Purchase spend toward the earning of Points. Points are not earned on purchases made more than seven (7) days prior to the Enrollment Date, international purchases, purchases made from or through third parties (including, but not limited to, Instacart), unauthorized or fraudulent purchases, or purchases made by or for a business or for a business purpose.
    • Unless otherwise disclosed to you in the advertising or promotion of an offer, you will need to accrue seven hundred and fifty (750) Points to earn one (1) Reward.
    • You must identify yourself as a Participant at the time of transaction for the transaction to be eligible to count as an Eligible Purchase that earns Points toward a Reward. On the Website or App, you must be signed into your Account. In Participating Stores, you must display your Program barcode (which can be accessed via the App or via your Account on the Website). Additionally, in Participating Stores, the redemption of a Reward associated with your Account in connection with a transaction will associate your Account with that transaction for the purpose of earning Points, if applicable. In some Participating Stores, you may also be able to provide the phone number or email address associated with your Account to earn Points in connection with a purchase.
    • The Points earned toward your next Reward will be reflected in your Account balance within seventy-two (72) hours of your store purchase, your picking up a BOPIS purchase or your Website or App purchase having shipped.
    • Returns will be deducted from Points accrued towards earning a Reward. Points that contributed toward the earning of a Reward that were earned in connection with purchases that are later returned or refunded or otherwise adjusted will result in a deduction of those Points accordingly. Such deductions may result in a negative Points balance, in which case, any subsequent Points you earn will be applied to reduce that negative Points balance. With a receipt, an item acquired through Reward redemption may be exchanged for another item meeting the eligibility criteria for Reward redemption. All other returns and exchanges (including items acquired through Reward redemption) will be governed in accordance with the Bath & Body Works Return Policy.
    • We reserve the right to verify and adjust Loyalty Components at any time prior to or following posting or redemption.
    • Loyalty Components are the property of Bath & Body Works. Loyalty Components are a revocable licensed right and you have no monetary interest in the Loyalty Components.

  4. 4. Redeeming Rewards
    • Each Reward may be redeemed for only one (1) item and will be applied to the most expensive eligible product in the transaction.
    • Products eligible for Reward redemption must each have a regular retail unit ticket price equal to or under sixteen dollars and fifty cents ($16.50). This means that products that have a regular retail unit ticket price that is above sixteen dollars and fifty cents ($16.50) are not eligible for Reward redemption.
    • You must identify yourself as a Participant at the time of transaction to redeem the Reward. On the Website or App, you must be signed into your Account and apply your Rewards code in the Rewards Code box at checkout. In Participating Stores, you must open your App or your Account on the Website and display your redemption code.
    • Rewards are valid for ninety (90) days from date issued. Expired Rewards will not be replaced.
    • Rewards are single use only whether redeemed in Participating Stores or on the Website or App.
    • Rewards may be combined with other available promotional offers, codes, or coupons to the extent permitted by the terms of those offers, codes or coupons. However, the value of the product received when redeeming a Reward will not count toward any qualifying purchase requirements for other offers, codes or coupons.
    • Up to eight (8) Rewards may be redeemed (each for one (1) item) per transaction.
    • Shipping and handling fees apply to free items redeemed with Rewards on the Website or App.
    • Reward details are subject to change without notice.
    • Rewards will not be re-issued after use.
    • Rewards have no cash value and you will not receive cash or credit for the difference between the regular retail unit ticket price of the free item redeemed with a Reward and sixteen dollars and fifty cents ($16.50).
    • Rewards may not be redeemed on products purchased through “auto-refresh” or “auto-ship” functionality or on purchases made from or through third parties (including, but not limited to, Instacart).
    • You may be notified of additional eligible and ineligible products at the time of Rewards redemption.

  5. 5. Special Offers

    • Special offers may be available to you from time to time at Bath & Body Works' discretion. Terms and conditions of those special offers are outlined in the offer details. Please check those terms and conditions carefully, as there may be important conditions or limitations (such as blackout periods or exclusions).
    • Offers are single-use only, unless otherwise stated, and are subject to change without notice.

  6. 6. Expiration of Loyalty Components

    • As used in this section, “transaction activity” means purchases, returns, exchanges or adjustment to the Account point balance by Customer Care.
    • Loyalty Components will expire if there has been no transaction activity associated with your Account for three hundred and sixty-five (365) days.
    • If you sign up for an Account at the point of sale at Participating Stores and fail to complete the sign-up process (described in Section 2) by creating a password for your Account, Loyalty Components will expire if there has been no transaction activity associated with your Account for ninety (90) days. Once the sign-up process (described in Section 2) has been completed by creating a password for your Account, thereafter Loyalty Components will expire if there has been no transaction activity associated with your Account for three hundred and sixty-five (365) days.
    • Once Loyalty Components expire, they may not be resurrected.

  7. 7. Cancellation and Reactivation of Account

    • If you wish to cancel your Account you may do so by calling Customer Care at 1-800-869-0158. Immediately after cancelling your Account, all earned Loyalty Components will be forfeited. However, within seventy-two (72) hours after calling to cancel your Account, your Account can be reactivated, and all earned Loyalty Components (including Loyalty Components earned as of the time of cancellation and Loyalty Components earned since cancellation) may be restored, provided that such Loyalty Components did not expire in the time period between Account cancellation and reactivation.
    • You can reactivate your Account by (within seventy-two (72) hours after calling to cancel your Account) (i) clicking the reactivation link in the email you receive confirming your Account cancellation, or (ii) by calling Customer Care and requesting that your Account be reactivated. In the event that your Account is reactivated within the seventy-two (72) hour timeframe after you cancelled your Account, you understand that restoration of the Account constitutes your re-enrollment in the Program and, by virtue of requesting that your Account be restored, you are again accepting and agreeing to these Terms (as may be amended at any time).

  8. 8. Communications

    • We may email you regarding any matter related to the Program or send you marketing emails regarding Bath & Body Works offers and the latest new arrivals. You may opt out of marketing email materials by simply following the unsubscribe link provided in each marketing email. However, if your Account remains active, you will continue to receive relationship/operational emails primarily related to the Program unless your Account is cancelled or otherwise terminated.
    • In the event you cancel your Account pursuant to Section 7 of these Terms (and do not restore your Account within seventy-two (72) hours after such cancellation), within ten (10) days of Account cancellation, you will be opted-out of receiving marketing emails related to the Program, but you will continue to receive marketing emails regarding Bath & Body Works offers and the latest new arrivals.
    • E-receipts are neither marketing nor emails related to the Program, but merely confirmations of purchases.
    • In addition, depending on your preferences, we may send push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
    • Bath & Body Works is not responsible for any lost, stolen, expired, damaged, or otherwise misdirected communications or Loyalty Components due to change of address, email address or for any other reason. Loyalty Components will not be reissued. You are solely responsible for updating any changes to your contact and Account information.
    • We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.

  9. 9. Program Activity; Customer Service

    • You can view your Points balance through the App or in your Account on the Website. For any questions regarding the Program, visit our help & FAQs.
    • In the event you believe that a purchase should have resulted in the addition of Points to your balance, and those Points are not reflected in your balance within seventy-two (72) hours of your store purchase, your picking up a BOPIS purchase or your Website or App purchase having shipped, please contact Customer Care at 1-800-869-0158.
    • We reserve the right to make the final decision on whether any purchase qualifies for Points and the amount of Points earned.

  10. 10. Waivers

    We can delay enforcing our rights under these Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.

  11. 11. Privacy; Terms of Use

    All information provided by you will be handled in accordance with the Bath & Body Works privacy policy found here.

    By Participating in the Program through the App or Website you are also agreeing to the Terms of Use which govern your use of the Website and App. In the event that the Privacy Policy or Terms of Use conflict with these Terms, these Terms will control.

  12. 12. Intellectual Property

    All title and intellectual property rights in and to any content that is accessed, viewed, streamed, or downloaded from the App or our Website remains the sole and exclusive property of Bath & Body Works or its licensor, and use of such content is subject to the restrictions imposed by these Terms as well as applicable copyright and other intellectual property laws and treaties. Content may not be used in a manner that exceeds the specific rights granted and individuals are strictly prohibited from copying, modifying, selling, re-licensing or distributing content. You agree that you will not circumvent, or attempt to circumvent, any technology or methods used by Bath & Body Works or its licensors to prevent the unauthorized reproduction or distribution of content accessible via the Program.

  13. 13. Taxes

    You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of Loyalty Components. Consult your tax advisor concerning any tax consequences that may arise from your Participation in the Program.

  14. 14. Severability

    If a court of competent jurisdiction or any government agency determines that any provision of these Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Terms. However, all other provisions will remain in full force and effect.

  15. 15. Limited Time to File Claims

    If you want to assert a dispute against Bath & Body Works, then you must commence it within two (2) years from the date of the activity that first gave rise to the dispute, or it will be forever barred. “Commencing” means filing for arbitration with the AAA as set forth in the “Binding Arbitration” section of these Terms.

  16. 16. Binding Arbitration

    ANY DISPUTE THAT CANNOT FIRST BE RESOLVED THROUGH INFORMAL METHODS WILL BE SUBMITTED TO BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") then in effect (the "Rules"), except as modified herein. The arbitration will be administered by the AAA. Claims or disputes that fall within the scope of the small claims court's limited jurisdiction may, however, be submitted to such court. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. IF AN IN-PERSON ARBITRATION HEARING IS REQUIRED, THEN IT WILL BE CONDUCTED IN COLUMBUS, OHIO, UNITED STATES. You and Bath & Body Works will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if the applicable arbitration rules or laws require Bath & Body Works to pay a greater portion or all of such fees and costs in order for this arbitration provision to be enforceable, then Bath & Body Works will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these Terms, and will determine any dispute according to applicable law and facts based upon the record and no other basis. After the hearing, the arbitrator(s) will decide the dispute and render a written decision setting forth the issues adjudicated, the resolution thereof and the reasons for the award. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in the federal or state courts located in Columbus, Ohio, United States. The Federal Arbitration Act (“FAA”) will apply to the dispute and will govern whether the dispute is subject to arbitration, including the No Class Action Matters section below. You can obtain AAA procedures, rules and fee information as follows: AAA: 800.778.7879, http://www.ADR.org. This section survives the termination of the Program.

  17. 17. No Class Action Matters

    Disputes hereunder will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. THIS MEANS YOU AND BATH & BODY WORKS AGREE THAT EACH MAY BRING CLAIMS REGARDING SUCH DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. There will be no right or authority for any dispute to be arbitrated on a class action basis or on any basis involving disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction regarding arbitration on a class action basis is unconscionable or unenforceable, then the dispute must be brought exclusively in a State or Federal court located in Columbus, Ohio as set forth above. Notwithstanding any other provision of these Terms, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this "No Class Action Matters" section), are to be decided only by a federal or state court located in Columbus, Ohio, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions. This section survives the termination of the Program.

  18. 18. MISCELLANEOUS

    • Governing Law. These Terms will be governed in accordance with the laws of the State of Ohio, without reference to its conflicts of laws principles.
    • Fraud. Fraud or abuse relating to the Account registration process, providing of personal information, or earning or redemption of Loyalty Components is a violation of these Terms. You are solely responsible for any fraudulent use that may occur due to the theft of or sharing of your Account password or your device. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. The Program is a service provided to an individual Participant, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate in the Program for anything other than individual use. Bath & Body Works reserves the right to take any of the actions set forth in Section 2 if you engage in fraudulent activity or otherwise use this Program other than in accordance with these Terms and applicable law. ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE TERMS. BATH & BODY WORKS RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
    • Waiver of Injunctive or Other Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, THE PROGRAM, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US.
    • Indemnity. In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option) and hold us harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your use of the Program and your activities in connection with the Program; (ii) your breach or anticipatory breach of these Terms (as updated from time to time); (iii) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the Website, the App and/or the Program; (iv) any misrepresentation made by you; and (v) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Bath & Body Works.
    • Updates to Terms. These Terms, in the form posted at the time of your use of the Program, shall govern such use (including transactions entered during such use). AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO YOUR ACCOUNT OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE APP OR WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT, INCLUDING, BUT NOT LIMITED TO, VIA EMAIL), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted Terms each time you use the Program. The revised Terms will be effective as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement to Terms occurs. You should frequently check the App and Website and the e-mail you associated with your Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new or revised Terms by discontinuing use of the Program.
    • Disclaimers. YOUR ACCESS TO AND USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Bath & Body Works and our parent companies, affiliated entities and each of their respective subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Program Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

      (a) the Program and the Website and App that makes the Program available;

      (b) the functions, features, or any other elements on, or made accessible through, the Program, the Website or the App;

      (c) any products, services, or instructions offered or referenced at or linked through the Program, the Website or the App;

      (d) security associated with the transmission of any content you transmit to us via the Program, the Website or the App;

      (e) whether the Website or the App or the servers that make the Website and the App available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);

      (f) whether the information (including any instructions) on the Website or App is accurate, complete, correct, adequate, useful, timely, or reliable;

      (g) whether any defects to or errors on the Website or App will be repaired or corrected;

      (h) whether your access to the Website or App will be uninterrupted;

      (i) whether the Website or App will be available at any particular time or location; and

      (j) whether your use of the Program, Website or App is lawful in any particular jurisdiction.

      EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PROGRAM PARTY, THE PROGRAM PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
      Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
    • This section survives the termination of the Program.

  19. 19. Prior Terms

    These Terms supersede all previously published Terms in their entirety as of the date noted below.

Last Updated: April 20, 2022





MY BATH & BODY WORKS LOYALTY PROGRAM TERMS AND CONDITIONS

IMPORTANT LEGAL INFORMATION: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN THE MY BATH & BODY WORKS LOYALTY PROGRAM.
THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT.

Welcome to the My Bath & Body Works loyalty program (“My Bath & Body Works” or the “Program”). These Program Terms and Conditions (“Terms”) contain important information about your rights and obligations in the Program. My Bath & Body Works is provided by Bath & Body Works which is solely responsible for the Terms of the Program. Bath & Body Works may modify, add or delete any of these Terms, benefits or Rewards, in whole or in part, at any time, even though such changes may affect the value or amount of your Eligible Purchase spend, Points, and Rewards (collectively, the “Loyalty Components”) already accumulated and/or the time for redemption. Participating in the Program means you are bound by these Terms.

  1. 1. General Information; Definitions; Changes

    • Participation in the Program and its benefits are offered at the sole discretion of Bath & Body Works. As used herein, “Bath & Body Works” means Bath & Body Works Brand Management, Inc., Bath & Body Works Direct, Inc., Bath & Body Works, LLC, Bath & Body Works, Inc., and all affiliates or assignees. These Terms apply to all aspects of your use of the Program, including, but not limited to, Program membership, earning Loyalty Components, Reward redemption, all other Program benefits and any purchase made using your Program account, and all disputes between you and Bath & Body Works. Other restrictions may apply.
    • BATH & BODY WORKS MAY, AT ANY TIME, CHANGE ANY AND ALL ASPECTS OF THE PROGRAM, SPECIAL PROMOTIONS, AND THESE TERMS, OR OTHERWISE END THE PROGRAM. Bath & Body Works will provide thirty (30) days’ notice prior to termination of the Program. See Section 18 for additional details regarding updates to the Terms.
    • The Program allows you to earn Rewards (each, a “Reward”) by accumulating Points (defined below) on the dollars you spend, as described in Section 3 below, by: (i) presenting your Program barcode (which can be accessed via the Bath & Body Works Mobile Application (“App”) or via your Account on www.bathandbodyworks.com (the “Website”)) or (in some states) providing the phone number or email address associated with your Account for in-store purchases; or (ii) signing in to your Account for purchases made on the Website or via the App.
    • In these Terms, “Participant”, “you”, and “your” mean the Account holder. “Account” means your Program account. “We”, “our”, “ours”, and “us” mean Bath & Body Works. “Point(s)” means the credit you accrue or earn toward your next Reward, as detailed in Section 3 of the Terms. These Terms contain the entire understanding between you and Bath & Body Works regarding the Program.
    • The Program is intended for personal use only and commercial use is prohibited. You are limited to one Account. Your Account and membership are personal to you. You may not transfer to others your Account or membership in the Program, or any benefit of any kind. Moreover, Loyalty Components are not transferable and may not be combined or conveyed by any means to anyone, including through your estate, and may not pass to your successors and assigns and, as such, Loyalty Components are not transferable by you (i) upon death, (ii) as part of domestic relations proceedings, or (iii) otherwise.
    • In-store Program Participation can occur only at participating Bath & Body Works stores. Find participating stores here (“Participating Stores”).

  2. 2. Eligibility; Enrollment

  3. 3. Earning Points and Rewards
    • You will earn one (1) Point toward your next Reward for every ten cents ($.10) of Eligible Purchase spend. “Eligible Purchases” are the actual amount paid on any purchases of goods and/or services made by you after any applicable discounts are applied, excluding shipping and handling fees, applicable taxes, gift card purchases, gift wrap, and gift-wrap fees. Points will be earned at the time of purchase for in-store purchases, at the time of shipment for Website or App orders, and at the time of pickup for Buy Online, Pick Up In Stores (“BOPIS”) orders. In the event a Website or App order has multiple shipments, or is a mix between shipped and BOPIS products, Points will be assessed based upon the price of the products in each shipment or BOPIS order. Eligible Purchase spend ending in five cents or more will be rounded up to the next ten-cent increment and Eligible Purchase spend ending in four cents or less will be rounded down to the current ten-cent increment for the purposes of earning Points for every ten cents of Eligible Purchase spend in the transaction. For example, if a transaction has twelve dollars and twenty-four cents ($12.24) of Eligible Purchase spend, the Eligible Purchase spend will be rounded down to twelve dollars and twenty cents ($12.20) and one hundred and twenty-two (122) Points will be earned.
    • Bath & Body Works may from time to time, in its sole discretion, provide select Participants the opportunity to, on a limited time basis, earn Points in other ways (such as through other offers and activities we make available) that will be independent of the ability to earn one (1) Point for every ten cents ($.10) of Eligible Purchase spend (each, a “Bonus Opportunity”). The terms and conditions that apply to each Bonus Opportunity will be determined by Bath & Body Works in its sole discretion. Bath & Body Works will make efforts to notify eligible Participants of any Bonus Opportunity available to them and such notification will contain the terms and conditions associated with the Bonus Opportunity. Notification of the Bonus Opportunity may be made through email, through notice in the App, through notice in stores or in any other way deemed acceptable by Bath & Body Works in its sole discretion. Please check the terms and conditions of any Bonus Opportunity carefully, as there may be important conditions or limitations associated with the Bonus Opportunity and/or its Points.
    • Bath & Body Works may from time to time, in its sole discretion, surprise select Participants by awarding Participants additional Points or with other special offers (each, an “Automatic Bonus”). The terms and conditions that apply to each Automatic Bonus will be determined by Bath & Body Works in its sole discretion. Participants may or may not be notified of the opportunity to receive the Automatic Bonus prior to the Automatic Bonus being awarded to their account. Please check any terms and conditions associated with an Automatic Bonus carefully as there may be important conditions or limitations associated with the Automatic Bonus and/or its Points.
    • Purchases made within seven (7) days prior to the Enrollment Date and after the Enrollment Date are eligible to qualify as Eligible Purchase spend toward the earning of Points. Points are not earned on purchases made more than seven (7) days prior to the Enrollment Date, international purchases, purchases made from or through third parties (including, but not limited to, Instacart), unauthorized or fraudulent purchases, or purchases made by or for a business or for a business purpose.
    • Unless otherwise disclosed to you in the advertising or promotion of an offer, you will need to accrue one thousand (1,000) Points to earn one (1) Reward.
    • You must identify yourself as a Participant at the time of transaction for the transaction to be eligible to count as an Eligible Purchase that earns Points toward a Reward. On the Website or App, you must be signed into your Account. In Participating Stores, you must display your Program barcode (which can be accessed via the App or via your Account on the Website). Additionally, in Participating Stores, the redemption of a Reward associated with your Account in connection with a transaction will associate your Account with that transaction for the purpose of earning Points, if applicable. In some Participating Stores, you may also be able to provide the phone number or email address associated with your Account to earn Points in connection with a purchase.
    • The Points earned toward your next Reward will be reflected in your Account balance within seventy-two (72) hours of your store purchase, your picking up a BOPIS purchase or your Website or App purchase having shipped.
    • Returns will be deducted from Points accrued towards earning a Reward. Points that contributed toward the earning of a Reward that were earned in connection with purchases that are later returned or refunded or otherwise adjusted will result in a deduction of those Points accordingly. Such deductions may result in a negative Points balance, in which case, any subsequent Points you earn will be applied to reduce that negative Points balance. With a receipt, an item acquired through Reward redemption may be exchanged for another item meeting the eligibility criteria for Reward redemption. All other returns and exchanges (including items acquired through Reward redemption) will be governed in accordance with the Bath & Body Works Return Policy.
    • We reserve the right to verify and adjust Loyalty Components at any time prior to or following posting or redemption.
    • Loyalty Components are the property of Bath & Body Works. Loyalty Components are a revocable licensed right and you have no monetary interest in the Loyalty Components.

  4. 4. Redeeming Rewards
    • Each Reward may be redeemed for only one (1) item and will be applied to the most expensive eligible product in the transaction.
    • Products eligible for Reward redemption must each have a regular retail unit ticket price equal to or under sixteen dollars and fifty cents ($16.50). This means that products that have a regular retail unit ticket price that is above sixteen dollars and fifty cents ($16.50) are not eligible for Reward redemption.
    • You must identify yourself as a Participant at the time of transaction to redeem the Reward. On the Website or App, you must be signed into your Account and apply your Rewards code in the Rewards Code box at checkout. In Participating Stores, you must open your App or your Account on the Website and display your redemption code.
    • Rewards are valid for ninety (90) days from date issued. Expired Rewards will not be replaced.
    • Rewards are single use only whether redeemed in Participating Stores or on the Website or App.
    • Rewards may be combined with other available promotional offers, codes, or coupons to the extent permitted by the terms of those offers, codes or coupons. However, the value of the product received when redeeming a Reward will not count toward any qualifying purchase requirements for other offers, codes or coupons.
    • Up to eight (8) Rewards may be redeemed (each for one (1) item) per transaction.
    • Shipping and handling fees apply to free items redeemed with Rewards on the Website or App.
    • Reward details are subject to change without notice.
    • Rewards will not be re-issued after use.
    • Rewards have no cash value and you will not receive cash or credit for the difference between the regular retail unit ticket price of the free item redeemed with a Reward and sixteen dollars and fifty cents ($16.50).
    • Rewards may not be redeemed on products purchased through “auto-refresh” or “auto-ship” functionality or on purchases made from or through third parties (including, but not limited to, Instacart).
    • You may be notified of additional eligible and ineligible products at the time of Rewards redemption.

  5. 5. Special Offers

    • Special offers may be available to you from time to time at Bath & Body Works' discretion. Terms and conditions of those special offers are outlined in the offer details. Please check those terms and conditions carefully, as there may be important conditions or limitations (such as blackout periods or exclusions).
    • Offers are single-use only, unless otherwise stated, and are subject to change without notice.

  6. 6. Expiration of Loyalty Components

    • As used in this section, “transaction activity” means purchases, returns, exchanges or adjustment to the Account point balance by Customer Care.
    • Loyalty Components will expire if there has been no transaction activity associated with your Account for three hundred and sixty-five (365) days.
    • If you sign up for an Account at the point of sale at Participating Stores and fail to complete the sign-up process (described in Section 2) by creating a password for your Account, Loyalty Components will expire if there has been no transaction activity associated with your Account for ninety (90) days. Once the sign-up process (described in Section 2) has been completed by creating a password for your Account, thereafter Loyalty Components will expire if there has been no transaction activity associated with your Account for three hundred and sixty-five (365) days.
    • Once Loyalty Components expire, they may not be resurrected.

  7. 7. Cancellation and Reactivation of Account

    • If you wish to cancel your Account you may do so by calling Customer Care at 1-800-869-0158. Immediately after cancelling your Account, all earned Loyalty Components will be forfeited. However, within seventy-two (72) hours after calling to cancel your Account, your Account can be reactivated, and all earned Loyalty Components (including Loyalty Components earned as of the time of cancellation and Loyalty Components earned since cancellation) may be restored, provided that such Loyalty Components did not expire in the time period between Account cancellation and reactivation.
    • You can reactivate your Account by (within seventy-two (72) hours after calling to cancel your Account) (i) clicking the reactivation link in the email you receive confirming your Account cancellation, or (ii) by calling Customer Care and requesting that your Account be reactivated. In the event that your Account is reactivated within the seventy-two (72) hour timeframe after you cancelled your Account, you understand that restoration of the Account constitutes your re-enrollment in the Program and, by virtue of requesting that your Account be restored, you are again accepting and agreeing to these Terms (as may be amended at any time).

  8. 8. Communications

    • We may email you regarding any matter related to the Program or send you marketing emails regarding Bath & Body Works offers and the latest new arrivals. You may opt out of marketing email materials by simply following the unsubscribe link provided in each marketing email.
      However, if your Account remains active, you will continue to receive relationship/operational emails primarily related to the Program unless your Account is cancelled or otherwise terminated.
    • In the event you cancel your Account pursuant to Section 7 of these Terms (and do not restore your Account within seventy-two (72) hours after such cancellation), within ten (10) days of Account cancellation, you will be opted-out of receiving marketing emails related to the Program, but you will continue to receive marketing emails regarding Bath & Body Works offers and the latest new arrivals.
    • E-receipts are neither marketing nor emails related to the Program, but merely confirmations of purchases.
    • In addition, depending on your preferences, we may send push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
    • Bath & Body Works is not responsible for any lost, stolen, expired, damaged, or otherwise misdirected communications or Loyalty Components due to change of address, email address or for any other reason. Loyalty Components will not be reissued. You are solely responsible for updating any changes to your contact and Account information.
    • We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.

  9. 9. Program Activity; Customer Service

    • You can view your Points balance through the App or in your Account on the Website. For any questions regarding the Program, visit our help & FAQs.
    • In the event you believe that a purchase should have resulted in the addition of Points to your balance, and those Points are not reflected in your balance within seventy-two (72) hours of your store purchase, your picking up a BOPIS purchase or your Website or App purchase having shipped, please contact Customer Care at 1-800-869-0158.
    • We reserve the right to make the final decision on whether any purchase qualifies for Points and the amount of Points earned.

  10. 10. Waivers

    We can delay enforcing our rights under these Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.

  11. 11. Privacy; Terms of Use

    All information provided by you will be handled in accordance with the Bath & Body Works privacy policy found here.

    By Participating in the Program through the App or Website you are also agreeing to the Terms of Use which govern your use of the Website and App. In the event that the Privacy Policy or Terms of Use conflict with these Terms, these Terms will control.

  12. 12. Intellectual Property

    All title and intellectual property rights in and to any content that is accessed, viewed, streamed, or downloaded from the App or our Website remains the sole and exclusive property of Bath & Body Works or its licensor, and use of such content is subject to the restrictions imposed by these Terms as well as applicable copyright and other intellectual property laws and treaties. Content may not be used in a manner that exceeds the specific rights granted and individuals are strictly prohibited from copying, modifying, selling, re-licensing or distributing content. You agree that you will not circumvent, or attempt to circumvent, any technology or methods used by Bath & Body Works or its licensors to prevent the unauthorized reproduction or distribution of content accessible via the Program.

  13. 13. Taxes

    You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of Loyalty Components. Consult your tax advisor concerning any tax consequences that may arise from your Participation in the Program.

  14. 14. Severability

    If a court of competent jurisdiction or any government agency determines that any provision of these Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Terms. However, all other provisions will remain in full force and effect. An exception to this general provision is provided in Section 18.

  15. 15. Limited Time to File Claims

    If you want to assert a dispute against Bath & Body Works, then you must commence it within two (2) years from the date of the activity that first gave rise to the dispute, or it will be forever barred. “Commencing” means filing for arbitration with the AAA as set forth in the “Binding Arbitration” section of these Terms.

  16. 16. Informal Resolution of Disputes

    If any controversy, allegation, dispute or claim arises out of or relates to the Program, including, without limitation, any advertising or marketing communications regarding Bath & Body Works or the Program, any purchases you make using your Program account, Program benefits or restrictions, or any other controversy, allegation, dispute or claim against Bath & Body Works regarding any interaction or transaction between you and Bath & Body Works, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Bath & Body Works’ actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 21), then you and we agree to engage in good-faith informal efforts to resolve the Dispute by sending a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 16. Your notice to us must be sent via email to: chieflegalofficer@bbw.com. The written description included in your notice must be on an individual basis and provide at least the following information: your name; the nature or basis of the claim or dispute; the date of any purchase or transaction at issue (if any and if available), and the relief sought.

    For a period of sixty (60) days from the date of receipt of notice from the other party, Bath & Body Works and you agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference between you and Bath & Body Works in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Bath & Body Works to resolve the Dispute or Excluded Dispute on terms with respect to which you and Bath & Body Works, in each of our sole discretion, are not comfortable. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

  17. 17. All Disputes are Subject to Binding Arbitration

    ANY DISPUTE THAT CANNOT FIRST BE RESOLVED THROUGH THE INFORMAL METHODS DESCRIBED IN SECTION 16 MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. This includes all Disputes as defined in Section 16, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, any other intentional tort or negligence), common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory, whether arising before or after the effective date of these Terms. Notwithstanding the foregoing, Disputes that fall within the scope of the small claims court's limited jurisdiction may be submitted to such court. An Excluded Dispute will only be subject to binding arbitration pursuant to this Section 17 if the parties mutually agree.

    Following the sixty-day (60) period described in Section 16, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the applicable arbitration rules. Arbitration shall proceed in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules of the AAA, except as modified herein. The arbitration will be administered by the AAA.

    If a party properly submits a Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Bath & Body Works consent to in writing. The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.

    The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the Rules. The arbitration may be conducted by telephone or based on written submissions, and if an in-person hearing is required, then it will be conducted in the county where you live or at another mutually agreed upon location. You and we will pay the administrative and arbitrator’s fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the AAA Rules; but if the AAA Rules (or other applicable arbitration rules or laws) require Bath & Body Works to pay a greater portion or all of such fees and costs in order for Section 16-19 of this Agreement to be enforceable, then Bath & Body Works shall have the right to elect to pay the fees and costs and proceed to arbitration. Except as set forth in Section 19, the arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. The arbitrator will render an award within the time frame specified in the applicable arbitration rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, arbitration rules, and these Terms. In no event will a claim for public injunctive relief be arbitrated. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), Bath & Body Works will have the right to recover its attorneys’ fees and expenses.

    For U.S. residents, the FAA, not state law, shall govern the arbitrability of all Disputes between Bath & Body Works, including this Section and the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Bath & Body Works and you agree, however, that Ohio law shall apply to and govern all Disputes between you and Bath & Body Works, without regard to any jurisdiction’s choice of law principles. If you reside in the U.S. (and as applicable to U.S. residents), this Section, Section 18, and Sections 19 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Bath & Body Works agree that we intend Sections 17-19 of this Agreement to satisfy the “writing” requirement of the Federal Arbitration Act (“FAA”).

    This Section survives the termination of the Program. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.

  18. 18. No Class Action Matters

    YOU AND BATH & BODY WORKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Except as expressly contemplated in Section 19 below, Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. The arbitrator does not have the power to vary these class action waiver provisions.

    If, for any reason, this restriction is deemed unconscionable or unenforceable, then our agreement to arbitrate (set forth in Sections 16-19) will not apply and the Dispute must be brought exclusively in a state or federal court in Ohio. Accordingly, you and Bath & Body Works consent to the exclusive personal jurisdiction and venue of such courts for such matters. If any portion of Sections 16-19 other than the class action waiver and prohibition against class arbitration are deemed invalid or unenforceable, all other portions of this Agreement shall continue to govern. This Section survives the termination of the Program.

  19. 19. Special Additional Procedures for Mass Arbitration.

    If twenty-five (25) or more similar claims are asserted against Bath & Body Works by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Bath & Body Works shall each select five (5) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process; the parties may but are not required to agree in writing to modify the number of cases to be included in the bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings pursuant to this provision. In the bellwether process, a single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator during the bellwether process unless the parties agree otherwise. After decisions have been rendered in the first ten (10) cases, Bath & Body Works and all claimants shall engage in a global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the bellwether cases. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. After decisions have been rendered in the second group of twenty (20) cases, Bath & Body Works and all claimants shall engage in a second global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the decided bellwether cases; if a global settlement cannot be reached in the second mediation, the parties also may discuss with the mediator the process for resolving the remaining cases with the benefit of the decisions in the first two (2) rounds of bellwether cases; the parties are not required to agree to any modifications to the process set forth herein. Absent a settlement or agreement to modify the procedure for arbitrating the remaining cases, in order to increase the efficiency of administration and resolution of arbitrations, the arbitration provider shall: (i) administer the arbitration demands in batches of fifty (50) demands per batch (to the extent there are fewer than fifty (50) arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one (1) arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. You agree to cooperate in good faith with Bath & Body Works and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims.

    This Section shall in no way be interpreted as authorizing class arbitration of any kind. Bath & Body Works does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except in the limited circumstances set forth in this Section. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Section from the time of the first cases are selected for a bellwether process until the time your case is selected to proceed, withdrawn, or otherwise resolved. A court shall have authority to enforce this Section and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Bath & Body Works. This Section survives the termination of the Program.

  20. 20. MISCELLANEOUS

    • Governing Law. These Terms will be governed in accordance with the laws of the State of Ohio, without reference to its conflicts of laws principles.
    • Fraud. Fraud or abuse relating to the Account registration process, providing of personal information, or earning or redemption of Loyalty Components is a violation of these Terms. You are solely responsible for any fraudulent use that may occur due to the theft of or sharing of your Account password or your device. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. The Program is a service provided to an individual Participant, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate in the Program for anything other than individual use. Bath & Body Works reserves the right to take any of the actions set forth in Section 2 if you engage in fraudulent activity or otherwise use this Program other than in accordance with these Terms and applicable law. ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE TERMS. BATH & BODY WORKS RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND THIS AGREEMENT.
    • Waiver of Injunctive or Other Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, THE PROGRAM, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US.
    • Indemnity. In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option) and hold us harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your use of the Program and your activities in connection with the Program; (ii) your breach or anticipatory breach of these Terms (as updated from time to time); (iii) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the Website, the App and/or the Program; (iv) any misrepresentation made by you; and (v) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Bath & Body Works.
    • Updates to Terms. These Terms, in the form posted at the time of your use of the Program, shall govern such use (including transactions entered during such use). AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO YOUR ACCOUNT OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE APP OR WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT, INCLUDING, BUT NOT LIMITED TO, VIA EMAIL), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted Terms each time you use the Program. The revised Terms will be effective as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, except with respect to the provisions set forth in Sections 16, 17, 18, and 19, the Terms that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement to Terms occurs. You should frequently check the App and Website and the e-mail you associated with your Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new or revised Terms by discontinuing use of the Program.
    • Disclaimers. YOUR ACCESS TO AND USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Bath & Body Works and our parent companies, affiliated entities and each of their respective subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Program Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

      (a) the Program and the Website and App that makes the Program available;

      (b) the functions, features, or any other elements on, or made accessible through, the Program, the Website or the App;

      (c) any products, services, or instructions offered or referenced at or linked through the Program, the Website or the App;

      (d) security associated with the transmission of any content you transmit to us via the Program, the Website or the App;

      (e) whether the Website or the App or the servers that make the Website and the App available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);

      (f) whether the information (including any instructions) on the Website or App is accurate, complete, correct, adequate, useful, timely, or reliable;

      (g) whether any defects to or errors on the Website or App will be repaired or corrected;

      (h) whether your access to the Website or App will be uninterrupted;

      (i) whether the Website or App will be available at any particular time or location; and

      (j) whether your use of the Program, Website or App is lawful in any particular jurisdiction.

      EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PROGRAM PARTY, THE PROGRAM PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
      Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
    • This section survives the termination of the Program.

  21. 21. Prior Terms

    These Terms supersede all previously published Terms in their entirety as of the date noted below, and shall apply to any pending or future Dispute between You and Bath & Body Works to the fullest extent permitted by applicable law.

Effective: July 20, 2022

on