rewards terms and conditions

Important note: These Program Terms contain provisions that limit our liability to you, eliminate your right to a trial by jury, require you to resolve disputes with us on an individual basis and not as a part of any class or representative action, and through final and binding arbitration. Review the "Agreement to Arbitrate" section below.

Please read these Program Terms carefully for important information about your rights and obligations in the RUNWAYREWARDS Credit Card Rewards Program ("Program"). By participating in the Program, you agree to these Program Terms.

The Program is provided by New York & Company ("New York & Company") and serviced by Comenity Bank ("Bank"). New York & Company is solely responsible for Program operation and may withdraw the Program or change the terms of the Program at any time. The purpose of the Program is to reward customers for certain uses of their RUNWAYREWARDS Credit Card ("Card".) The Program Terms may be supplemented with additional terms, conditions, and disclosures, including but not limited to applicable terms related to any promotional offers provided to you for use with the Program.

General Information

The Program allows you to earn Points ("Points") on the dollars you spend, as described in the "Earning Points" section below, using your RUNWAYREWARDS Credit Card Account (your "Account"). You can then redeem Points for New York & Company Reward Certificates.

These Program Terms are separate from your RUNWAYREWARDS Credit Card Account Agreement (your "Account Agreement"), which governs the use of your Account. In the event of any conflict between these Program Terms and your Account Agreement, these Program Terms will control in any matter relating to the Program. By using your Account, you agree to be bound by these Program Terms.

All information collected about you in connection with the Program is subject to New York & Company's privacy policy, which can be obtained at www.nyandcompany.com/static/ privacy-policy/.

Earning Points

You will earn Points when you, or an authorized user, make eligible purchases of goods and services for personal, family and household purposes using your Account, minus any returns, refunds or credit adjustments ("Net Eligible Purchases"). Reward earn is rounded to the nearest whole point value using standard rounding. Earning calculations that end in .5 will round up to the next whole point value. For example, earn calculated to 1.5 points rounds to 2 points. All calculations that result in less than .5 will round down. For example, calculated earn of 1.4 points would round to 1 point.

Using your RUNWAYREWARDS Credit Card, you will earn:

• 1 Point for each $1.00 spent on all purchases, minus any returns, refunds or credit adjustments (Net Eligible Purchases) made at nyandcompany.com or fashiontofigure.com and charged to the card each billing cycle, with no cap on total earn

Points are not earned on: unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, interest charges, and fees of any kind.

New York & Company may temporarily prohibit you from earning Points, using Points, receiving or redeeming reward certificates, or using any features of the Program if: your Account becomes delinquent; Comenity Bank suspects that you or any authorized user has engaged in fraudulent activity related to your Account or the Program; or New York & Company suspects that you misused the Program in any way.

Points awarded for purchases that do not remain Net Eligible Purchases will be deducted from your Points balance. Returned items may result in credits being applied to your Account, which will reduce or may eliminate accumulated Points and may result in a negative Points balance. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero before earning any Points eligible for redemption. New York & Company and Comenity Bank reserve the right to verify and adjust Points, as applicable, at any time.

Bonus Points for Special Offers

From time to time, New York & Company may make bonus offers to earn additional Points ("Bonus Points"). Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Points limits, or exclusions. You may have to register to qualify for the offer. New York & Company may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. Certain offers may only be communicated via email. Tax and shipping charges are excluded from specials, offers, and bonuses.

Upgrades and Tiers

Only accounts in good standing, as determined in Bank's sole discretion, may be eligible for upgrades. Generally, good standing means an Account is open and is not in default as defined in the Account Agreement. Upgrades will be processed on a monthly basis.

Purchases made near the end of the year may not be calculated for rewards and upgrades until the following program year.

A. Spend Tiers

If you spend $400 on Net Eligible Purchases at New York & Company using your Account within the calendar year, you will be upgraded to VIP. VIP members earn 1 Point for each $1.00 of Net Eligible Purchases at New York & Company using their Account.

The upgraded status is good for the remainder of the calendar year in which the status was reached and one subsequent calendar year, after which annual requalification is required.

You are limited to one tier upgrade during each monthly evaluation period.

Expiration

Points will expire 13 months after the date that they are posted to your Points balance.

Reward Certificates expire 60 days from the date they are issued.

Termination and Forfeiture

Important note: Subject to any requirements or limitations of applicable law, New York & Company may at any time for any reason change or terminate the Program and these Program Terms without notice.

New York & Company reserves the right to terminate you from the Program. If the Program terminates, New York & Company terminates you from participating in the Program, or you voluntarily cancel enrollment in the Program, all Points will be forfeited.

Points will be forfeited if any of the following occur: your Account is closed; you terminate your participation in the Program; you or any authorized user engages in any fraudulent activity or misuse related to your Account or the Program, or engage in any activity deemed to be abusive or gaming conduct, as determined by New York & Company. Misuse includes, but is not limited to, obtaining or using an Account to maximize Points earned in a manner that is not consistent with typical consumer activity as determined in New York & Company's sole discretion.

Issuing Rewards and Redemption

For every 200 Points you earn as a Base cardholder, you will receive a $10 Reward Certificate. For every 200 points you earn as a VIP cardholder, you will received a $20 Reward Certificate. Reward Certificates will be issued in increments of $10 for Base cardholders and $20 for VIP cardholders. Multiple Rewards Certificates may be issued. Reward Certificates may only be redeemed on qualifying purchases using your Account at New York & Company as applicable.

Reward Certificates may not be applied to past purchases or used towards third-party purchases, gift certificates or charitable donations. Rewards Certificates may not be combined with any other discount or certificate, except as otherwise provided. Reward Certificates may only be applied to one transaction and any unused Reward Certificate value will be forfeited.

New York & Company is not responsible for lost or stolen Reward Certificates.

You will receive your Rewards Certificates via email on a quarterly basis. Contact the Bank to update your contact information for your Account.

Other Terms

Points may not be sold, transferred or altered in any way by you. Points you earn may not be combined with Points earned on any other credit account or earned by anyone else (other than your Authorized User).

Points and Reward Certificates have no cash value and are purely for promotional purposes. Reward Certificates may not be used as payment for any outstanding obligations to the Bank or its affiliates.

If you return merchandise purchased using a Reward Certificate, the dollar value of the Reward Certificate will be forfeited.

You may review your Points balance via Account Center or billing statement. It may take up to two billing cycles for Points to post. The amount of Points earned is based on the date your purchase was made, which may be different than the date the transaction posts to your Account. For mail order, special order, online, and other purchases, your transaction may not post to your Account until items have shipped.

Communications and Customer Service

New York & Company and Comenity Bank may send communications regarding the Program by mail, phone, email or other methods, including through online Account Center or mobile app. By providing your mobile phone number, New York & Company may contact you about all of your accounts and this Program.

If you have any questions about the Program or to update your contact information, please contact 1-800-889-0494 (TDD/TTY 1-800-695-1788) or visit Account Center. New York & Company and Comenity Bank are not responsible for Reward Certificates or communications lost or undelivered due to incorrect or outdated address or email.

You can review your Program activity at comenity.net/newyorkandcompany/ or on your billing statement.

Points Disputes

If Points you believe were earned have not timely posted to your Points balance, you may dispute your Points balance ("Points Dispute") by calling 1-800-889-0494 (TDD/TTY 1-800-695-1788) or writing to Comenity Bank (PO Box 182273, Columbus OH 43218-2273). Comenity Bank will use reasonable efforts to investigate your Points Dispute if you notify Comenity Bank within 90 days of the posting date. If you do not notify Comenity Bank within that period, you waive your right to make a Points dispute with respect to that purchase. Comenity Bank may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, Comenity Bank will have no further responsibilities if you later reassert the same Points Dispute.

Limited Liability

Unless otherwise required by law, neither New York & Company nor the Bank, nor any of our or its affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with the Program or these Program Terms, including but not limited to, use of the Program and any redemption for or purchase of products or services through the Program.

Important note: Notwithstanding the foregoing, any liability that New York & Company may have to you in connection with the Program shall be limited to the amount of any Points you have earned in accordance with these Program Terms. In addition, unless otherwise required by law, you and we each waive the right to seek punitive or exemplary damages against the other.

No Warranties

New York & Company, the Bank, and all of each of such company's respective subsidiaries and affiliates make no warranty, express or implied, including but not limited to, any warranties of merchantablity or fitness for a particular purpose with respect to the Program or any products or services related to such Program.

Taxes

You are responsible for any tax liability that may result from participation in the Program or use of any Rewards Certificates. Consult your tax advisor concerning such tax consequences.

Cancelling Program Participation

You may cancel your participation in the Program at any time by calling Comenity Bank at 1-800-889-0494 (TDD/ TTY 1-800-695-1788). If you cancel your participation in the Program, you will no longer earn Points and you will forfeit your unused and unexpired Points. Your cancellation will not affect any previously redeemed Rewards.

Governing Law; Assignment

The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of Delaware. You may not assign your rights or obligations under these Program Terms to any other person or entity. Important note: You and New York & Company agree that each of us may bring claims arising from or relating to these program terms only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

"Claim," as used in these Program Terms means any claim, dispute or controversy that in any way arises from or relates to these Program Terms.

Complete Agreement; Severability; Conflicts; No Waiver

These Program Terms supersede any previous terms and conditions governing the Program. The Program is not available where and to the extent prohibited by law. If any part of these Program Terms conflict with applicable law, that provision will be deemed severed from these Program Terms and the remainder of the Program Terms will remain in effect. New York & Company will not lose its rights under these Program Terms because New York & Company chooses to delay or not enforce them.

Agreement to Arbitrate

Important note: Any party may elect to arbitrate any Claim arising from or relating to these Program Terms (including disputes about the validity, scope or enforceability of this agreement to arbitrate), in which case such Claim shall be settled by binding arbitration on an individual basis and not as part of any class or representative action.

Arbitration may be elected by any party with respect to any such Claim. New York & Company will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state's equivalent court, if any. But if that Claim is sought to be transferred, removed or appealed to a different court, then such Claim must be arbitrated in accordance with this section.

The arbitration will be conducted by the American Arbitration Association ("AAA"), JAMS, or any other company selected by mutual agreement of the parties (the "Administrator"), in accordance with the rules of the Administrator. Payment of all filing, administration and arbitrator fees will be governed by the Administrator's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, New York & Company will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. The arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator's decision must be with written explanation and remain confidential. For purposes of this "Agreement to Arbitrate" section, these Program Terms are governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Opt-Out Procedures: You may choose to opt-out of this Agreement to Arbitrate by sending a written notice within 30 days after the date you accept these Program Terms for the first time. You may send your opt-out notice by mail or hand delivery to New York & Company, 1735 Jersey Avenue, North Brunswick, NJ 08902. Your opt-out notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions.

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. Comenity Bank will provide such notice by mail or email using the contact information on file with us and you must provide such notice by mail to us at New York & Company, 1735 Jersey Avenue, North Brunswick, NJ 08902.