FLX PROGRAM MEMBERSHIP TERMS AND CONDITIONS
1.1 Welcome to the Footaction FLX Program (the “FLX Program”), a loyalty program through which you can earn points (“XPoints”) and later redeem them for offers, services, events, and much more. 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 (ii) have a valid email account. Employees of Footaction, 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, Lady Foot Locker, Kids Foot Locker, Footaction, Champs Sports, and Eastbay. Please note, you will be required to complete your registration online within six (6) months of the date you enrolled. If you complete your registration after six (6) months has lapsed from your enrollment date in the FLX program, you will only earn XPoints for transactions that occurred within six (6) month of the date you complete your registration online.
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 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 changes after you register, you are responsible for promptly updating your Account.
2.4 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.
2.5 Members can accumulate and redeem loyalty rewards XPoints on an individual basis and solely for their own Account. Membership is personal to you, non-transferable, and subject to these Terms and Conditions as well as any other rules, regulations, policies, and procedures disclosed by Footaction. There is a limit of one membership per person.
2.6 Companies, groups, association ns, or others making commercial or bulk purchases are not eligible for membership. The FLX Program may not be used for reselling or profit.
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 Footaction 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.
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 FLX Members are required to complete registration online within six (6) months of the date of enrollment. If you complete your registration after six (6) months has lapsed from your enrollment date, you will only earn XPoints for transactions that occurred within six (6) month of the date you complete your registration online at www.footaction.com/flx.
3.4 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 within seven (7) days of the date you expected to earn the XPoints.
3.5 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.
3.6 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 or transfer your XPoints or combine them with another member’s XPoints.
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 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.
4.2 Product or prizes earned from XPoints cannot be shipped to 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 Footaction family of companies or email preferences to receive marketing emails from any of the Footaction 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 Footaction 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, Footaction 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 Footaction’s sole discretion. Footaction’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 In case of suspected fraud, misrepresentation, abuse, or violation of these Terms and Conditions, Footaction reserves the right to take appropriate administrative and/or legal action, including the termination of your FLX Program membership.
5.6 FLX Program membership XPoints cannot be earned on prior purchases or on purchases of gift cards.
6 LIMITATION OF LIABILITY
6.1 Footaction will not be liable for any system failure or malfunction of the FLX Program or any consequences thereof. Footaction accepts no liability 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.
7 APPLICABLE LAW
7..1 These Terms & 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
8.1 If you have any questions regarding the FLX Program, you may contact Customer Service at 800.991.6883, or by email at firstname.lastname@example.org.
Bonus XPoints Promotion
Purchases made using your FLX membership during a bonus points promotion (i.e. double XPoints on all purchases) will only be awarded the additional bonus points if your membership is validated prior to the start of the promotion or if your validation date occurs while the promotion is active. You will not earn bonus points for purchases made during a bonus points promotion if you validate your account after the promotion ends. You will still earn points at the standard rate for purchases made using your FLX membership that occurred with six (6) months of the date on which you validate your membership.
Last Updated: January 2020