Note: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS. THE ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
- "Account Activity" means a Qualifying Purchase made with your K Club membership or reward redemption (in store or online) within 365 days of enrollment or last purchase activity.
- "Bonus Reward" means a reward for Members who accrue 250 points in a calendar year as described in Section 4 of these Rules.
- "Cardholder" means a customer of Kirkland's who has applied for and been approved for a Kirkland's Credit Card.
- "Kirkland's Credit Card" means the valid credit card issued by Wells Fargo Bank, N.A. ("Wells Fargo") pursuant to a credit card agreement between customer and Wells Fargo.
- "Member" or "K Club Member" means a participant in the Program.
- "Program" means the Kirkland's K Club Program.
- "Qualifying Purchase" means any purchase made after enrollment in the Program on Kirkland's regular and sale priced merchandise, excluding purchases of gift cards or gift certificates, less taxes and shipping and handling charges.
- "Reward Dollars" means those redeemable credits awarded at a rate of $5 USD for every 150 points earned in the K Club Program as described in Section 4 of these Rules.
- "Special Financing" means promotional financing plans through your Kirkland's Credit Card as available from time to time.
Program membership is open to individual residents of the United States who are either at least 18 years of age or who are Kirkland's Credit Card Cardholders.
To join the Program and receive information and updates about the Program, you must provide and maintain a valid email address and promptly update your account with any changes. You acknowledge that Kirkland's will communicate with you and you will receive communications about Program changes, advertising, marketing, rewards and promotional materials related to the Program. You agree to receive such advertising, marketing and promotional materials and other communications from Kirkland's except where you have expressly disallowed so in your customer profile preferences. You may opt out of receiving some or all of these promotional emails by clicking on the unsubscribe link at the bottom of the email and following the instructions. You will still receive emails about your K Club account including benefits, rewards, and password assistance. If you wish to stop all emails from Kirkland's related to the Program, you must cease using your K Club account.
- Participating Properties
Your membership is valid at Kirkland's retail store locations in the United States and at kirklands.com (together, "Participating Properties").
- Automatic Enrollment with Kirkland's Credit Card
- How to Keep Your Account Active
To remain eligible for the Program, you must maintain an active account by engaging in Account Activity.
Resellers are excluded from the Program and from receiving points. If we mistakenly issue points for resale purchases, we reserve the right to deduct those improperly awarded points and/or to invalidate improperly issued reward certificates as well as to terminate such accounts. If you are found, in our sole discretion, to be a reseller, your account may be terminated in accordance with Section 8 below.
- Earning Points and Rewards
There are two different ways to earn points in the Program. First, Program Members earn one (1) point for every $1 USD spent on Qualifying Purchases. A Member may only earn points when using such Member's K Club Program membership email used to enroll in K Club Program at the time of the Member's purchase at a participating Kirkland's store or online at www.kirklands.com. Only Qualifying Purchases earn points. It may take several days to complete enrollment and you will not see purchases apply until enrollment is complete. Contact Customer Service by phone (1-877-541-4855) or by email (firstname.lastname@example.org) to add purchases made within the past 48 hours to K Club account in order to receive points. A Member will earn points on the Qualifying Purchase subtotal, after all discounts, including without limitation Program Rewards, have been applied but before applicable taxes, or shipping, handling or other charges.
Second, Kirkland's Credit Card Cardholders earn two (2) points for every $1 USD spent on their Qualifying Purchases but only when using his or her Kirkland's Credit Card. In addition, Kirkland's Credit Card Cardholders who are enrolled in the K Club Program and who spend $250 or more on a single qualifying transaction are able to choose between receiving two (2) points for every $1 USD spent or Special Financing. If the Kirkland's Credit Card Cardholder chooses Special Financing, Members will still earn one (1) point for every $1 USD spent. K Club Reward Dollars have the same value for Kirkland's Credit Card Cardholders as non-Kirkland's Credit Card Cardholders who are K Club Members.
When a Member returns or exchanges products, points will be deducted from the Member's K Club Program account equal to the amount they earned from the purchase. A Member may have a negative point balance if the dollar amount returned is greater than his/her current K Club Rewards point account balance. In the event that a Member returns merchandise that was partially or wholly paid for with Program Rewards, the Program Rewards used in connection with such a purchase shall not be reissued, and no points representing such Program Rewards shall be reissued to such Member's account. Kirkland's has the right to modify reward values and conditions in which points are earned at any time upon advanced notice to you. Other forms of point earning opportunities could exist. All points are added to the same balance regardless of how they are earned.
Only one K Club Rewards account may be used in connection with a Qualifying Purchase. Points will only be earned and applied to one K Club Rewards account per Qualifying Purchase even if a Member has more than one K Club Rewards account. Points cannot be earned on purchases made prior to becoming a K Club Program Member (except that points earned under a prior Kirkland's rewards Program by a Member may be transferred to that same Member's K Club Rewards account, subject to Kirkland's approval and these Terms). Other exclusions may also apply.
- K Club Rewards Redemption and Benefits
When a Member reaches 150 points earned in the K Club Program, he or she will receive $5 USD in rewards ("Reward Dollars") redeemable against a future purchase of any qualifying merchandise at participating Kirkland's stores. Once the Member reaches 150 points, Reward Dollars will generate and automatically be issued to the Member's account. The $5 reward(s) can be accessed by logging into their Kirkland's K Club account online at kirklands.com or by asking an associate to access the reward(s) during check out. There is no limit on how many Reward Dollars a K Club Member can earn.
K Club Members who accrue 250 points (including points that have already been redeemed in the applicable calendar year) within a calendar year (before Dec. 31st at 11:59 PM CST) will receive a Bonus Reward. The 250 point threshold Bonus Reward can only be reached once in each calendar year.
Rewards issued through a K Club Members account that a Member has accrued will be available to such Member to redeem in two options: (i) in participating Kirkland's stores by asking a store associate to redeem Reward Dollars earned by such Member when purchasing qualifying merchandise at participating Kirkland's stores by looking up the Member's Reward Dollar balance, or (ii) by applying the reward to an online purchase by logging into the Members K Club account when checking out at kirklands.com.
Notwithstanding anything to the contrary in these Terms, unless and until you present a Reward Dollar benefit, and such Reward Dollar benefit is accepted, in accordance with these Terms, no right, title or interest in the points or Reward Dollar benefits has been earned. K Club Reward points remain in the applicable Member's account until such Member's points total earns a Program Reward by reaching the 150-point threshold.
Reward Dollars are valid for sixty (60) days from date of posting to a Member's account. K Club Members who joined before October 1, 2020 are transferred into the current K Club Program with current K Club Terms but past transactions are not transferred in. All Previous K Club Members' point values start at zero on October 1, 2020 regardless of previous transaction status.
In the future, Kirkland's K Club Members may also get points by transacting with Kirkland's Partners. Kirkland's will identify and notify Members of such opportunities from time to time.
Points from a partner transaction will post to your account 4–6 weeks from your transaction. If you make a Qualifying Purchase or transaction with a partner and do not see your points posted to your K Club account, please contact the partner because only the partner has the information needed to validate your point award. If applicable, the partner may validate that your transaction was eligible for points and, if valid, they will send the appropriate information to Kirkland's so your points can be properly credited to your account.
You may not transfer or assign your Program membership or any Program benefits. Only one Program membership will receive points in any one transaction. Membership cards, points, and Reward Dollars have no cash value until they are redeemed and may not be transferred except as specified on www.kirklands.com. Additional restrictions may apply to Kirkland's employees.
- Membership Cancellation
You may cancel your membership in the Program at any time by email (email@example.com) or phone (1-877-541-4855).
If your membership is canceled (either by you or by Kirkland's), you will forfeit any remaining points.
If your account has a negative points balance, we may immediately cancel or reverse any or all outstanding points as well as issued reward certificates.
We may not issue you any Reward Dollars if we terminate your account because of conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of Program membership, or is harmful to our interests or another customer. We also reserve the right to deny future membership if we deem your conduct to violate these Terms. Kirkland's in its sole discretion reserves the right to cancel an individual membership at any time and for any reason.
Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
- Member Communications
- Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN KIRKLANDS.COM CONDITIONS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES, OR WELLS FARGO BANK, N.A. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF THE QUALIFYING PURCHASE THAT IS THE SUBJECT OF THE DISPUTE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR KIRKLAND'S'S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS, OR MALICIOUS MISCONDUCT, OR FRAUD.
- Dispute Resolution by Binding Individual Arbitration
ANY DISPUTE INVOLVING YOU AND KIRKLAND'S OR ANY OF ITS AGENTS SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE NOTED BELOW.
"Dispute" shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with Kirkland's and its subsidiaries, affiliates, and designees whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. This includes (1) the Kirkland's K Club program; (2) use of Kirkland's website; (3) any service terms and conditions; and/or (4) any products or services offered, sold, or distributed by Kirkland's including, but not limited to, the advertising of or the sales practices for such products and services. Dispute shall also include all disputes that arose before your enrollment in the Kirkland's K Club program and after the cancellation or termination of the Kirkland's K Club program, including any claims that are the subject of a purported class action lawsuit.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
Either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. You may serve a copy of a demand on our registered agent Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. The arbitration will be governed by the AAA's Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the "AAA Rules"), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, however we will reimburse those fees (but not any attorney's fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Kirkland's for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
YOU AND KIRKLAND'S 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and Kirkland's agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
If for any reason a claim may proceed in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
This dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, the Program. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.
- Applicable Law
IN CONSIDERATION FOR PARTICIPATING IN THE PROGRAM, YOU AGREE THAT THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF TENNESSEE), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST KIRKLAND'S ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM.
You may view your membership activity online at www.kirklands.com. For information about your membership, contact Kirkland's by email (firstname.lastname@example.org) or phone (1-877-541-4855) with your Member ID.
Or, you can contact us by mail at:
The Kirkland's K Club Program
5310 Maryland Way
Brentwood, TN 37027
If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
General Program Information