FLX PROGRAM MEMBERSHIP TERMS AND CONDITIONS
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 Puerto Rico (together “United States”) 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) have a valid email account. Employees of Foot Locker, Inc. and its subsidiaries cannot participate using employee discounts.
2.1 You may enroll in the FLX Program either online or at participating United States retail stores, currently Foot Locker, Kids Foot Locker, Footaction, Champs Sports, and Eastbay. 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 email. PLEASE NOTE, if you do not validate your email within three (3) months of your enrollment date, you will only earn XPoints for transactions that occurred within three (3) months of the date you completed the registration process. 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 with three (3) months of the date on which you validate your membership.
2.2 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, or email@example.com.
2.3 There is a limit of one (1) Account per person and a limit of two (2) Accounts per mailing address. Account 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.
2.4 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.
2.5 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 still continue to receive emails related to your membership and purchases
3 REWARD XPOINTS AND TIERS
3.1 You can earn XPoints in the FLX Program in the United States (i) by shopping at any participating Foot Locker family of companies physical or online retail store, or (ii) by performing other activities, as communicated from time to time by the FLX Program, as described in this chart. 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 normally 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, or firstname.lastname@example.org within thirty (30) days of the date you expected to earn the XPoints. We will investigate any issues, but Foot Locker’s good faith determination of the amount of Points available to any member shall be final and binding.
3.4 If you do not make a purchase in 365 days, your XPoints bank will expire. If you make a purchase but then return all of the items in that purchase, the 365-day countdown begins from the date of your most recent purchase.
3.5 XPoints cannot be earned on prior purchases or on purchases of gift cards.
3.6 The XPoints earned on the purchase of an item will be reduced from your Account if you return the item. If there are not enough XPoints available in your Account, the return 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, 2019, you will remain a X2 member until January 31, 2021 (subject to other provisions in these Terms and Conditions). Your status as of February 1, 2021 will depend on the number of XPoints you earned in 2020. Please note that the benefits associated with any Tier and how Tier status is calculated may change at any time.
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.
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 are subject to change in Kids Foot Locker’s sole discretion.
4.3 Kids 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 Kids Foot Locker, in its sole discretion. The Rewards available to members will be selected solely in the discretion of Kids Foot Locker. Kids Foot Locker. reserves the right to substitute a Reward item of comparable or greater value at any time, at its sole discretion. You are responsible for all federal, state and local taxes as well as any other costs or expenses with a Reward you receive.
4.5 When you redeem your reward 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 Product or prizes earned from XPoints cannot be shipped to P.O. boxes or military addresses.
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. 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 cancel your Account, or if it is terminated for any reason, any XPoints which remain in such Account will be forfeited.
5.3 Kids 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 at least thirty (30) days in advance of the effective date of any change. 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 Kids Foot Locker’s sole discretion. Kids 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 Kids 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. Kids Foot Locker may, in its sole discretion, determine any violations. In case of suspected fraud, misrepresentation, abuse, or violation of these Terms and Conditions, Kids 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
Kids 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 Kids 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 Kids 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
These Terms and Conditions shall be governed by 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.
8 ADDITIONAL INFORMATION
If you have any questions regarding the FLX Program, you may contact Customer Service at 800.991.6883, or by email at email@example.com.
Last Updated: December 2021