FLX Rewards – Membership Terms and Conditions (North America)
1 Introduction
1.1 Welcome to the Foot Locker FLX Program (the “FLX Program”), a loyalty program through which you can earn points (“XPoints”) and later redeem them for offers, products, services, events, and much more (“Rewards”). Membership in the FLX Program is free of charge.
1.2 Membership in the FLX Program is open to (i) residents of the United States and its territories (American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands), and the Federated States of Micronesia, the Marshall Islands, and Palau (together defined as the “United States”) and Canada who are 13 years of age or older and who intend to use the FLX Program for their own personal, family or household purposes, and not for resale of Foot Locker products or other commercial purposes, and (ii) who have a valid email account and mobile phone number with a +1 dialing code. If a resident has residency in both the United States and Canada, residency will be based on the country of initial enrollment in the FLX Program. Employees of Foot Locker, Inc. and its subsidiaries cannot participate in the FLX Program.
1.3 By registering for the FLX Program, you agree to be bound by these FLX Membership Terms and Conditions and the website Terms of Use and Privacy Statement applicable to your residency (United States or Canada). You may not register if you do not agree to these terms, or if do not meet the eligibility requirements. Foot Locker reserves the right to decline to allow you to participate in the FLX Program at any time and in its sole discretion if it has cause to believe you do not meet these eligibility requirements or if your participation would violate these Terms and Conditions, any restrictions or limitations that Foot Locker places on purchases, orders, reservations, or offers, or the terms and conditions of any other offers or programs offered by Foot Locker.
2 MEMBERSHIP
2.1 You may enroll in the FLX Program either online or at participating United States or Canadian retail stores, currently Foot Locker, Kids Foot Locker and Champs Sports. Please note, if you start your registration at a retail store, you will be required to complete your registration online. Once you enroll, you must complete the registration process by validating your mobile phone number. PLEASE NOTE: If you do not complete your enrollment within thirty (30) days of the date of your transaction, you will not earn XPoints for that purchase.
2.2 Bonus XPoints Promotions (i.e. double XPoints on all purchases): You will only be awarded additional bonus points if you (i) have completed the registration process prior to the start of the promotion or (ii) you complete the registration process while the promotion is active. You will not earn bonus points for purchases made during a Bonus XPoints promotion if you complete the registration process after the promotion ends. You will still earn points at the standard rate for purchases made using your FLX membership that occurred within thirty (30) days of the date on which you validate your membership.
2.3 When you register, you’ll create an FLX Program Account (your “Account”). You can use your Account to track your participation in the FLX Program and redeem your XPoints for Rewards. You are responsible for maintaining the security of your Account, and you are responsible for all activities that occur under your Account. If you believe your Account has been compromised at any time, you are responsible for contacting us immediately by contacting Customer Service at 1-800-991-6883 for United States members, 1-800-479-6674 for Canadian members, or support@flxprogram.com. As an FLX member, you are responsible for ensuring that your information is current and accurate by updating such information as necessary in your account settings.
2.4 There is a limit of one (1) Account per person and a limit of two (2) Accounts per mailing address. Accounts may only be used by individuals – they cannot be used by companies, groups, or organizations – and they cannot be shared or transferred. Accounts are only for personal and non-commercial use. They cannot be used to make bulk purchases or purchases that will be used for resale. Should Foot Locker identify a FLX member account using the FLX Program for reselling products or commercial use, the account in question will be terminated immediately and without notice.
2.5 If we need to communicate with you about the FLX Program, we’ll send a message to the email address associated with your FLX Program membership. If your email address or other contact information changes after you register, you are responsible for promptly updating your Account.
2.6 We may also send you promotional emails related to the FLX Program. You may opt-out of promotional emails by following the instructions in the emails. However, please note that you will continue to receive emails related to your membership and purchases.
2.7 If you provide a mobile number, then you agree to be contacted by us should you win a reward or context through FLX Rewards.
3 REWARD XPOINTS AND TIERS
3.1 You can earn XPoints in the FLX Program (i) by shopping at participating Foot Locker family of companies physical or online retail stores, or (ii) by performing other activities, as communicated from time to time by the FLX Program, as described in this chart. Member benefits are subject to change at any time without notice and may vary by region. You may not attempt to earn XPoints in a manner that is not expressly permitted in these Terms and Conditions, such as through the use of a script, bot, or other automated means.
3.2 Your FLX Program membership number, your associated email address, or phone number must be presented at time of purchase to receive rewards XPoints.
3.3 XPoints will typically be added to your Account within approximately three (3) business days of the day you earned them, but it can take up to thirty (30) days. You can log in to your Account at any time to see how many XPoints you have. You are responsible for ensuring that the XPoints balance in your Account is correct. If you believe that you did not receive XPoints or there is some other error in your Account, you must contact us by calling Customer Service at 1-800-991-6883 for United States Members, 1-800-479-6674 for Canadian members or support@flxprogram.com within thirty (30) days of the date of your in-store purchase or the date your order shipped. We will investigate any issues, but Foot Locker’s good faith determination of the number of Points available to any member shall be final and binding.
3.4 If you do not earn or redeem any XPoints for 365 days, your XPoints will expire. If you earn XPoints by making a purchase but then cancel the order before shipment or return all of the items in that purchase, and all earned XPoints are deducted from your account pursuant to Section 3.7 below, those earned and deducted XPoints are not considered for the 365-day countdown.
3.5 Except as expressly stated in these Terms and Conditions or otherwise by the FLX Program, XPoints cannot be earned on purchases made prior to enrollment or on purchases of gift cards.
3.6 The XPoints earned on the purchase of an item will be deducted from your Account if you return the item or cancel the order. If there are not enough XPoints available in your Account, the return or cancellation may result in a negative point balance. Subsequent purchases will work your status back to a positive balance. Negative XPoints do not expire.
3.7 The XPoints you earn are promotional only, have no cash value, and do not constitute your property of any kind. You cannot sell, barter, or transfer your XPoints or combine them with another member’s XPoints. Once you redeem Points for a Reward, the redemption cannot be reversed and is final. Rewards cannot be returned to Foot Locker.
3.8 As described in more detail in this chart, you will be assigned a Tier based on the number of XPoints you earn in a year starting on February 1st (February 1 at 12:00AM ET - January 31 at 11:59PM ET). Once you reach a certain Tier, you will remain in that Tier for the remainder of that year and all of the next year.
For example, if you earn X2 status on October 1, 2021, you will remain a X2 member until January 31, 2023 (subject to other provisions in these Terms and Conditions). Your status as of February 1, 2023, will depend on the number of XPoints you earned you earned in between February 1, 2022, through January 31, 2023.
Please note that the benefits associated with any Tier and how Tier status is calculated may change at any time, subject to applicable law. If required, any benefits associated with a Tier will be adjusted if the return or cancellation of a purchased item affects your eligibility for a Tier.
3.9 Earned XPoints can be redeemed in accordance with this chart. Please note that the items, services, and other benefits for which you can redeem XPoints may change at any time and may vary by region.
3.10 Validated FLX members will receive an email 30—60 days prior to the expiration of their XPoints. Members must make a qualifying purchase or reward redemption before 365 days to maintain their XPoints.
3.11 There is a limit of fifty thousand (50,000) XPoints earned from transactions per Member per calendar month.
3.12 There is a limit of one thousand (1,000) XPoints earned from Engagement Activities per member per calendar month.
4 REWARDS
4.1 There is a limit of three (3) Rewards per Member per day and a limit of ten (10) Rewards per mailing address per month. Members exceeding these limits may be subject to review, which could lead to termination of the Accounts in question and forfeiture of all XPoints.
4.2 Rewards may be subject to additional terms and conditions and limitations, including for example, a limit to the number of a particular Reward a member can acquire or a limit to the time for accessing the Reward. These additional terms and conditions and limitations will be disclosed in connection with the Reward description and are subject to change in Foot Locker’s sole discretion.
4.3 Foot Locker is not responsible for physical Reward after it has been shipped or for any Reward that is returned as undeliverable for any reason. XPoints for those Rewards will not be returned. Foot Locker will not replace any missing or stolen Rewards.
4.4 Members attempting to circumvent these restrictions by means of fraud, creating additional accounts, or other means will be subject to review and termination. Rewards may only be available while supplies last, may be limited in quantity, and/or may only be available for a limited time as determined by Foot Locker, in its sole discretion. The Rewards available to members will be selected solely in the discretion of Foot Locker. Foot Locker reserves the right to substitute a Reward item of comparable or greater value at any time, at its sole discretion. Members are responsible for all applicable federal, state, provincial and local taxes as well as any other costs or expenses associated with a Reward.
4.5 When you redeem your XPoints for tickets to an event directly from a Rewards vendor partner (“Experience”), it is important to note that your journey to, attendance at, and journey from the Experience will be governed by the terms and conditions of our vendor partner issuing the ticket for the Experience. For this reason, we ask that you ensure you have read and agree with the terms and conditions of any such tickets.
4.6 Physical product or prizes earned from XPoints cannot be shipped to P.O. boxes, military addresses, or to locations outside of Canada or the contiguous United States, Alaska and Hawaii.
5 CHANGES, TERMINATION, OR REMOVAL FROM PROGRAM
5.1 You may deactivate your Account at any time by calling Customer Service at 800-991-6883 or United States members or 1-800-479-6674 for Canadian members. Deactivating your FLX Program membership will not affect any other account you may have with the Foot Locker family of companies or email preferences to receive marketing emails from any of the Foot Locker family brands.
5.2 If you deactivate your Account, or if it is terminated for any reason, any XPoints which remain in such Account will be forfeited.
5.3 Subject to applicable law, Foot Locker may, at its sole discretion, terminate, alter, limit, suspend, or modify the FLX Program, and/or these Terms and Conditions, rules, regulations, or benefits at any time, without notice or cause, even though such modifications may affect the ability to earn or redeem XPoints. It is your responsibility to check or review these Terms and Conditions from time to time to keep informed of any changes. However, Foot Locker may, at its discretion, notify members of any material change sixty (60) days in advance of the effective date of any change (or as otherwise required by applicable law). Change notices may be communicated by postings in the FLX Program or by emails to members.
5.4 Interpretation of these Terms and Conditions shall be at Foot Locker’s sole discretion. Foot Locker’s failure to exercise or enforce any right or provision of these rules shall not constitute a waiver of such right or provision.
5.5 Foot Locker reserves the right to review account activity for patterns that fall outside the intended use of the Program or what is allowed under these Terms and Conditions. Foot Locker may, in its sole discretion, determine any violations. In case of suspected fraud, misrepresentation, abuse, or violation of these Terms and Conditions, Foot Locker reserves the right to take appropriate administrative and/or legal action, including the termination of your FLX Program membership. In such cases, you may lose access to any XPoints you had accumulated.
6 LIMITATION OF LIABILITY
Foot Locker will not be liable for any system failure or malfunction of the FLX Program or any consequences thereof. Foot Locker will not be liable for any loss or damages arising from suspension, variation, termination, or in any other way relating to the FLX Program, except for any liability which cannot be excluded by law. By participating, you agree that Foot Locker, its parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents shall not be liable to you or any third party for: (a) any damages arising out of your participation in the FLX Program except to the extent caused by Foot Locker’s intentional misconduct, recklessness, or gross negligence, and (b) any indirect, special, punitive, incidental or consequential losses or damages, including lost profits, regardless of whether such damages were foreseeable and regardless of whether we were advised of the possibility of such losses or damages. These limitations shall apply to all claims and theories of liability to the fullest extent allowed by applicable law.
7 APPLICABLE LAW
For United States residents, these Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New York in the United States. Any dispute, claim, or controversy arising or relating to these Terms and Conditions and the FLX Program shall be resolved by the courts in New York State.
For Canadian residents, these Terms and Conditions shall be governed by and construed in accordance with the laws in effect in the Canadian province or territory in which you reside, which may include the province of Quebec. The parties hereby consent to the exclusive jurisdiction of the courts of the Canadian province or territory whose law governs these Terms and Conditions.
8 ADDITIONAL INFORMATION
If you have any questions regarding the FLX Program, you may contact Customer Service at 1-800-991-6883 for United States members; 1-800-479-6674 for Canadian members, or by email at support@flxprogram.com
Last Updated: February 2023