SIMON REWARDS TERMS AND CONDITIONS

Simon Rewards Terms & Conditions PLEASE READ THESE SIMON REWARDS TERMS & CONDITIONS CAREFULLY. BY APPLYING TO THE SIMON REWARDS PROGRAM, YOU AGREE TO THESE REWARDS TERMS & CONDITIONS, WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND SIMON PROPERTY GROUP, L.P., THE SPONSOR OF THE PROGRAM (“SIMON”).

    1. These Rewards Terms and Conditions together with the Simon Rewards KIOSK and APP TOU and the Simon Rewards Terms of Use (“Terms of Use”) (“Rewards T&C”) govern your use of the Simon Rewards program, promotions, offers and prizes (collectively the “Program”) provided by Simon (the Program sponsor), its affiliates and subsidiaries, participating retailers and the Program Administrator (collectively, “we,” “us” and “our”). By applying for membership to the Program, you, the applicant, hereby accept and agree to be bound by these Rewards T&C. As used herein, the words “applicant,” “you” and “your” mean applicants to the Program. If your application is accepted, you will become a Program member (“Member”).
    2. If you do not accept and agree to these Rewards T&C and Privacy Policy, do not use the Program or any of the services provided herein. You may terminate your membership in the Program at any time by giving written notice to the Program Administrator. Simon reserves the right to modify these Rewards T&C and Privacy Policy by posting new versions as well as the right to provide additional notice of significant changes. IF YOU DO NOT AGREE WITH THESE REWARDS T&C AND PRIVACY POLICY, INCLUDING CHANGES THERETO, OR ANY GUIDELINES OR RULES POSTED, THEN DO NOT USE THE PROGRAM. Your continued membership use of the Program following the posting of any changes to the Rewards T&C constitutes acceptance of those changes. Any offer for any feature, product or service made through the Program is void where prohibited.
    3. Program Content. The Program and all material posted or provided through the Program (collectively, “Program Content”) may be used solely for the limited purposes set forth herein. You may view and print portions of the Program Content only for your own personal non-commercial use but not for resale or other commercial exploitation and not for use other than as provided in these Rewards T&C. Any other use of Program Content without our prior written approval is strictly prohibited. We reserve the right to suspend and/or terminate any Member at our sole discretion.
    4. Earning Program Points. Program points will be earned by a Member by completing various actions, including but not limited to, checking in via the mobile app while in a participating center or at a kiosk, engaging in other activities, games or other opportunities to earn additional points as outlined in the mobile app or kiosk, or making purchases at a participating center by either a) paying for purchase(s) from participating merchants with a credit or debit card that has been successfully registered for automatic tracking (“Payment Card Registration”) or b) submitting photos of eligible receipts that clearly reflect the total purchase amount, the date of purchase and the name of a participating retailer using the “scan receipt function” on either the mobile app or the Simon Rewards kiosk within 30 days of the date printed on the receipt. Each purchase may only be submitted once. Only purchases by the Member are eligible. We reserve the right to disqualify any points or benefits earned, or prizes won, based on purchase transactions that do not meet these criteria. We also reserve the right to cancel a membership and forfeit a Member’s entire accumulated point balance if we determine a Member has knowingly submitted fraudulent receipts or registered a payment card not belonging to the Member or to a family member living at the Member’s address. Unless otherwise noted in these Rewards T&C or other Program Content, Members will receive 1 Simon Rewards point for every $1 in qualifying purchases, subject to a cap of $5,000 in qualifying purchases on a single day. There is also a 30 day cap of $500 in qualifying purchases made at a) Simon Guest Services or b) for any purchase, or reloading, of a stored value card.
    5. Payment Card Registration. Members may complete a one-time process to register their eligible credit and debit cards at www.simonrewards.com or through the Simon Rewards mobile app. Information regarding payment card eligibility is available through the registration process. Once successfully registered, all eligible purchases made at participating shopping centers using the Members’ registered card(s) will be submitted automatically to Simon Rewards without the need to submit a photo or other image of the transaction receipt. The Payment Card Registration feature is administered by Spring Marketplace, Inc. (“Spring Marketplace”) and is governed by the Spring Marketplace Terms and Conditions and Privacy Policy. Members who register their payment cards are agreeing to be bound by the Spring Marketplace Terms and Conditions and Privacy Policy for all Services they obtain from Spring Marketplace; if you do not agree with the Spring Marketplace Terms and Conditions or Privacy Policy, do not register your payment card(s). Members who make purchases with a registered card may earn “Rewards” and receive “Offers” from participating merchants, participating shopping centers, or Spring Marketplace, as described in the Spring Marketplace Terms and Conditions. Only Members 16 years of age or older may register a credit card, and Members between 16 and 18 require the consent of a parent or guardian.
    6. Using Points. Members may use their accumulated points to enter available prize drawings (as set forth in the rules applicable to each such prize drawing) as communicated through the Program. Each point can be exchanged for one entry into a prize drawing and will be deducted from the Member’s point balance. Point exchanges for prize entries are final and not reversible. A Member can exchange as many of his/her available points for any available prize drawing as such Member chooses (subject to the rules applicable to such drawing).
    7. Points have no monetary value and cannot be exchanged for any goods or services other than for prize drawing entries. Points cannot be shared, combined with or transferred to another member.
    8. Point Expiration. All points expire twelve (12) months from the date they are earned.
    9. All Rights Reserved. Everything you see or read using the Program, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Program Content, is protected by copyright and trademark laws, and may not be used except as provided herein without our express written permission. The Program website and any necessary software or other technology used in connection with the Program website and/or Program (software), the collection, compilation, assembly and arrangement of Program Content, is owned by us and/or our licensors and used under license granted to us and contains proprietary and confidential information.
    10. Membership to the Program is free and open to all eligible United States residents aged 13 years or older except employees, contract staff and/or officers or directors of Simon and its parent company, affiliates, subsidiaries, on-site service providers, members of their immediate family (defined as spouse, parent, sibling, child and respective spouses regardless of where they reside) and/or persons living in the same household of such individuals (whether related or not). You can apply for membership to the Program in the following ways:
      1. Attend a shopping center participating in the Program and visit a ‘Simon Rewards’ electronic kiosk (“kiosk”).
      2. Visit the Program website at simonrewards.com. or
      3. Download and launch the Simon Rewards mobile application (available for Android and Apple iOS) (Simon Rewards App).
    11. Simon Mobile Terms. When you provide us with your mobile phone number, you are also expressly agreeing that we may send you text messages (including SMS and MMS) to that phone number. You also agree to pay the charges to your wireless bill or to have them deducted from your prepaid balance for this service. You acknowledge that you are thirteen years of age or older and you have the consent of the wireless account holder. You may receive up to 5 messages per month relating to the Program. If you signed up by texting a signup keyword, you will receive a confirmation text message, and you may need to reply as instructed to complete registration. Message and data rates apply.

Reply STOP to cancel, HELP for help. You agree to receive a final text message confirming your opt-out. You may opt-out at any time by texting the word STOP to shortcode 74666 (SIMON).   You agree to receive a final text message confirming your opt-out. For help, send a text message with the keyword HELP to 74666 (SIMON). Texts may be sent through an automatic telephone dialing system. Consent is not required as a condition of purchasing any goods or services. You agree to notify Simon of any changes to your mobile number and update your subscription with Simon to reflect this change. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR SUBSCRIBE OR USE THE MOBILE SERVICE.

Stop Receiving Promotional Text Messages

To stop receiving promotional text messages simply text STOP to 74666 (SIMON) or any of the other below five (5) opt-out trigger words. We will remove your mobile number from our subscriptions list. It’s however important to note that this will not disable your ability to use Simon Malls other SMS response features. It will only remove you from our promotional text messaging subscriptions list (which is called the Mobile Shopper Club®). Please allow up to 3 to 5 business days from when the request was received to process your removal. Standard carrier message & data rates may apply.

STOP

END

QUIT

CANCEL

UNSUBSCRIBE

Note: None of these opt-out trigger words are case sensitive.

Alternatively, you can opt-out by either sending us an email with your mobile phone number to customercare@simon.com or by physical mail at:

Laura Hale

Online Privacy Coordinator

Simon Property Group

Digital Marketing Group – 10th Floor

225 West Washington Street

Indianapolis, IN 46204 USA

privacy@simon.com

Please allow up to 10 business days from when the email or physical mail request was received to process your removal.

Questions/Comments/Concerns

Please direct all comments, questions or concerns regarding the Simon Mobile Shopper Club® text messaging program to customercare@simon.com

Help Command. For help at any time, text HELP to 74666 (SIMON). This club is free from Simon® Malls, but standard carrier message & data rates may apply.

Requirements. To take advantage of the Program text messaging, you must have a text messaging-enabled mobile device with a text messaging plan.

Carriers Supported. The Program works with all major U.S. carriers including currently: Alltel, AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, Nextel, U.S. Cellular, Virgin Mobile, ACS Wireless & a host of other smaller regional carriers.

      1. The Program and Program website are not directed to children under the age of 13 and we do NOT knowingly collect personally identifiable information from children under the age of 13 as part of the Program, nor do we knowingly distribute such information to third parties. Click here for more information on Simon’s COPPA policy.
      2. If you are older than 13 but under 18 years old you must obtain the consent of your parent or legal guardian to apply for membership of the Program and provide Personal Information about yourself. Applicants who are under the age of 18 years and apply for membership of the Program without disclosing (or attempting to conceal) their age (as and where required) and/or do not provide the required parental or guardian consent (as and where required) will be deemed invalid. These Terms & Conditions will bind the applicants and any parent or legal guardian who gives their consent (for entrants aged under 18 years).
      3. We, in our sole discretion, may refuse any application for membership. An eligible applicant whose application is accepted becomes a Member and may obtain a membership card (“Membership Card”), if desired, from a Simon Rewards kiosk at a participating center. A Member who completes the application process via the Simon Rewards App will receive a electronic Membership Card, which will be stored in their App. Incomplete applications will be deemed invalid. No responsibility will be taken for lost or misdirected applications.
      4. Membership Confirmation. You can only apply for membership in your own name. We reserve the right to request an applicant to provide appropriate photo identification or other documentation in order to verify to our satisfaction your identity, age, residential address, eligibility to apply for Program membership and any information submitted when applying for Program membership (including confirming consent of an applicant’s legal guardian and the name, age and address of the parent or legal guardian that consented). If the documentation is not received or an applicant’s details have not been verified or validated within the time requested, the applicant will not be issued a membership card and will not be admitted to the Program.
      5. Each Member is limited to only one Program membership. The one membership card (including electronic cards) can be used at multiple participating shopping centers. Any subsequent applications received from an eligible applicant after their first membership application is received will be deemed invalid. You may not share your Program membership cards. Only you, the Member, may scan your Membership Card at the ‘Simon Rewards’ machines. Use of a Membership Card by someone other than the Member is prohibited.
      6. Member is responsible for maintaining the strict confidentiality of their login details for the Simon Rewards App and Program Website and is responsible for any activity under their account. You agree to immediately notify the Program Administrator of any unauthorized use of your account or password or any other breach of security. It is your sole responsibility to control the dissemination and use of your password and control access to and use of your account. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
      7. If you use any social media platform (“Social Media Platform”) to participate in a program related promotion: you consent and acknowledge that your personal social media site may be updated by accessing the Program via social media, including Facebook, Twitter and any Social Media Platform. You consent to the disclosure and transfer of your Personal Information, by the Program Administrator to Social Media Platforms for purposes relating to the Program. Use of Social Media Platforms and links to any third party sites are subject to the terms and conditions and privacy policies of such third parties.
      8. The Program is not sponsored, endorsed or administered by, or associated with, any Social Media Platform. You are solely responsible and liable for any content or information you transmit to other Internet users. To the extent permitted by law, you agree to indemnify, defend and hold us, Compco Americas, LLC (the “Program Administrator”) and Spring Marketplace, Inc. and their associated agencies and companies harmless, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by you and that arise out of or relate to your participation in the Program. Any questions, comments or complaints about the Program must be directed to the Program Administrator and not to any Social Media Platform.
      9. Membership Cards are not credit or charge cards, are not transferable or redeemable for cash, and remain the property of the Program Administrator. An applicant must immediately notify the Program Administrator of a lost or stolen membership card. Replacement cards are available at a Simon Rewards kiosk in a participating shopping center.
      10. We may terminate or suspend any person’s membership of the Program in our sole discretion and without notice for any legal reason. The Program Administrator’s decision in relation to all aspects of the Program is final without right of appeal.
      11. Any tax, liability or duty arising from your Membership to or participation in the Program is your responsibility.
      12. Participating retailers do not have any authority, express or implied, to make any representation, warranty or statement on behalf of Simon or the Program Administrator. Simon and the Program Administrator accept no liability in respect of such representations, warranties or statements.
      13. Any attempt to cause malicious damage or interference with the normal functioning of a Simon Rewards kiosk, a Program website, or Simon Rewards App or to otherwise undermine the legitimate operation of the Program may be a violation of criminal and civil laws. You agree to indemnify us any such losses, damages and costs.
      14. We are not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to a applicant’s or any other person’s mobile handset or computer related to, or resulting from, participation in the Program or the downloading of any materials related to the Program.
      15. If for any reason the Program is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes beyond our reasonable control, we reserve the right, subject to state regulatory approval, to cancel, terminate, modify or suspend the Program.
      16. We will not be liable for the suspension or termination of the Program on any account whatsoever including (without limitation) for any membership points balance in a Member’s account at the time of suspension or termination. We reserve the right to suspend or terminate accumulated points without prior notice.
      17. The use of any automated software or any other mechanical or electronic means that allows or otherwise enables or seeks to automate Program membership application, vouchers or claim gifts is strictly prohibited.
      18. All membership applications and any copyright subsisting in the applications become and remain the property of Simon.
      19. Applicants authorize the Program Administrator to collect, use, store, disclose, or otherwise process Personal Information about an applicant in accordance with the Privacy Policy.
      20. In the event of any inconsistency between these Rewards T&C and any other document which forms part of these Rewards T&C by reference or is related to an entrant’s participation in the Program and/or an advertised promotion or competition, the Spring Marketplace Terms and Conditions will take priority with respect to the Payment Card Registration feature and these Rewards T&C will take priority with respect to all other matters.
      21. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE PROGRAM AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE PROGRAM. WE MAKE NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE PROGRAM WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT PROGRAM CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE PROGRAM, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR USE OF THE PROGRAM.

    1. The Program Administrator for all aspects of the Program other than the Payment Card Registration feature is COMPCO AMERICAS, LLC, P.O. Box 147486, Chicago, IL 60614. These Rewards T&C, your use of the Program (except for the Payment Card Registration feature) and any other agreement with and the relationship between you and the Program Administrator shall be governed by the laws of the State of Maryland without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. You and the Program Administrator agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the City of Baltimore, State of Maryland, regardless of the fact that the Website is accessible outside the United States. Notwithstanding the foregoing, the Program Administrator may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of the Program Administrator to exercise or enforce any right or provision of the Rewards T&C shall not constitute a waiver of such right or provision. If any provision of the Rewards T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Rewards T&C remain in full force and effect. For all provisions governing the Payment Card Registration feature, including which states’ laws govern the interpretation and enforcement of your rights and obligations, see the Spring Marketplace Terms and Conditions.