Lane Bryant Customer Experience Mission

Frequently Asked Questions


What’s the purpose of the Covert Client program?

At Lane Bryant we seek to offer a great experience to our customers in every interaction. To ensure this, we’re rolling out a new approach where we invite our loyal customers on “missions”. As part of a mission, the customer performs certain tasks, and then reports on the customer service received.

How do I participate?

The Lane Bryant Covert Client Program (“Program”) is administered by PowerReviews and is open to legal residents of one of the United States or DC who are at least the age of majority in their jurisdiction of residence. You can register to participate in the program by completing the registration form available here: https://jiq.powerreviews.com/lane-bryant/RakN6/signup. You must also be a Lane Rewards member to receive points or rewards for participation in the Program. To sign-up for the free Lane Rewards program, visit the signup page here.

You must supply the same mobile phone number and email address that’s associated with your Lane Rewards account to receive rewards or points for completing missions. You may also receive an invitation from Lane Bryant to participate. If you receive an invitation to participate in the Program, follow the instructions in the invitation to register for the Program. You may opt-out from receiving text messages from and/or about the Program by replying “Stop” to any text message received from “LBCovertClient.”

How do these mission work?

As part of a Program mission, you will be asked to go to a Lane Bryant store, speak with an associate about a specific item, and tell us how it went. Please read the detailed instructions about the mission located on the website link that you received via text message.

Do I get a benefit for completing a mission?

Yes. If you successfully complete a mission before the mission deadline, you will receive the benefit identified in the mission invitation. If the benefit is Lane Rewards points, we will credit your Lane Rewards account with points if you complete the mission before the deadline. For more information about the Lane Rewards Program, visit https://www.lanebryant.com/rewards.

How much time do I have to complete a mission?

Check the mission instructions for specifics. Typically, you’ll have 1 week from the day that you were invited to complete the mission.

I missed the deadline. Can I still participate in the applicable mission?

Sorry, you can’t take a mission if you missed the deadline. Don’t worry, we’ll have more missions in the future.

Should I tell anyone at the store that I’m completing a mission?

In order to keep this process unbiased, please do not disclose that you are completing a mission to our staff. Please let us know in the feedback section at the end of the questionnaire if you believe the staff was aware.

Do I need to click through the mission screens while at the store?

Yes. At the store, we’ll ask you to click on the mission on your phone two times: once when you enter the store, and once when you finish speaking with a store associate.

While you’re speaking with the store associate, feel free to put your phone away. Just come back to it and click when your conversation is finished.

Do I need to be at the store for the whole time while completing this mission?

Not necessarily. What’s required that you do in store is interact with an associate, and take a photo of either your receipt or an item. So if you don’t plan to make a purchase, be sure to take a photo of the item while you’re there.

After you’ve interacted with the associate and completed your shopping experience, we will ask you a few questions about it. You don’t have to be at the store to answer those, but we recommend that you answer as soon as possible after completing the mission.

I accidentally closed out the mission window. What do I do?

You can access the mission at any point by clicking the link in the text or email invitation we sent you. If you are part-way through the mission and accidentally close out, just re-launch it and it will load on the last question you answered. Once you’ve submitted the mission completely, the link will no longer be active.

Similarly, if at any point you encounter an issue with the mission, you may reload the page without losing your responses.

I’M HAVING TROUBLE ACCESSING MY MISSION, WHO CAN HELP?

Not to worry! If you’re having any issues getting access to your mission URL, reach out to jiqsupport@powerreviews.com and include your name as well as the phone number and email you used to sign up for the program. We’ll get you sorted out!

I HAVE FEEDBACK ABOUT THE MISSION. WHERE CAN I SHARE?

We welcome your feedback. Feel free to email us at customerinsights@lanebryant.com.


Privacy Statement

The Lane Bryant Covert Client program is run by PowerReviews. When you sign-up and participate, your information is being collected and used both by PowerReviews and Lane Bryant. For more information, see the Power Reviews Privacy Policy and the Lane Bryant Privacy Policy.


Covert Client Terms and Conditions

Lane Bryant Covert Client Program (“Program”) Terms and Conditions (“Terms”)

BY PARTICIPATING IN THE PROGRAM YOU AGREE TO THESE TERMS, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES TERMS THAT GOVERN TEXT MESSAGE COMMUNICATIONS SENT IN CONNECTION WITH THIS PROGRAM, INDEMNITIES TO THE RELEASED PARTIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, BINDING ARBITRATION OF CLAIMS, WAIVER OF CLASS ACTION CLAIMS, AND WAIVER OF THE RIGHT TO TRIAL BY JURY.

OVERVIEW: The Lane Bryant Covert Client Program is offered by Lane Bryant, Inc. (“Lane Bryant”, “us” or “we”) and administered by PowerReviews. This Program is a separate and distinct program from other Lane Bryant programs, including, without limitation, the LB MSG ME! Offers and Alerts text messaging program. The Program provides eligible consumers (each a “Participant” or “you”) with the opportunity to earn Benefits (defined below) by satisfactorily performing certain mystery shopper missions (“Missions”) and completing corresponding online Surveys (defined below). Participation in Program constitutes Participant’s full and unconditional agreement to and acceptance of these Terms and the decisions of Lane Bryant.

ELIGIBILITY: Only open to legal residents of any one (1) of the fifty (50) United States or the District of Columbia (“Territory”) who are at least eighteen (18) years old and the age of majority in their state or jurisdiction of primary residence. Corporate entities are not eligible and have no right to claim any Benefit earned by their employees. Employees, officers, directors, members, managers, agents, and representatives of Lane Bryant, its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Program, as well as each of their respective parent corporations, subsidiaries and affiliated companies (collectively, the “Released Parties”) and members of the immediate families (defined for these purposes as including any spouse, partner, parent, legal guardian, child, legal ward, sibling, grandparent, or grandchild and each of their respective spouses) and individuals living in the same household as such persons (whether or not related) are not eligible. This Program is void in all U.S. territories (including Puerto Rico), possessions and overseas military installations, and where prohibited by law. You must be a Lane Rewards member to receive Lane Rewards or Points (as defined in the Lane Rewards program terms) in connection with this Program.

HOW TO PARTICIPATE IN A MISSION: Participants must visit https://jiq.powerreviews.com/lane-bryant/RakN6/signup and follow all steps and provide all required information to register for the Program, opt-in to receive text messages and agree to these Terms before participating in any Missions. Following satisfactory registration for the Program, participants will receive communications from Lane Bryant and/or PowerReviews from time to time inviting them to participate in Program Missions (“Mission Communication”). We may choose, in our sole discretion to send Mission Communications via means other than or in addition to text messages (i.e. via email). Program Mission invitations may be accepted only by the intended recipient and cannot be shared or forwarded with others for acceptance. Each Mission Communication will include a description that describes the steps necessary to complete the Mission, the deadline to complete the Mission and a corresponding Survey, a link to complete the Survey (defined below), and the Benefit available upon completion of the Mission and Survey (the “Mission Description”). Please review the Mission Description for full instructions for completing the Mission. After you have identified the Mission you wish to complete, visit a Lane Bryant store during normal business hours and complete all steps set forth in the applicable Mission Description. Do not reveal your participation in the Program to Participating Store associates while completing a Mission. However, if you do talk about Lane Bryant or the Program with others, including posting about Lane Bryant on any social media channels, you agree to disclose your secret shopper relationship with Lane Bryant. Any merchandise purchased by Participant while completing a Mission is at Participant’s sole cost and expense and will not be reimbursed by Lane Bryant. Likewise, transportation to and from any location (including a Lane Bryant store) in connection with a Mission is at Participant’s sole cost, expense and risk.

COVERT CLIENT TEXT MESSAGE TERMS AND CONDITIONS: Mission Communications are typically sent via text message and your participation in the Program constitutes your agreement to use the Program’s text message service (“Covert Client Text Message Service”) and your agreement to these terms and conditions. The Program Terms generally, the Lane Bryant Privacy Policy and the PowerReviews Privacy Policy also apply to your use of the Covert Client Text Message Service. The Covert Client Text Message Service is administered by PowerReviews for Lane Bryant and is separate and distinct from all other Lane Bryant text message programs. We may modify or cancel the Covert Client Text Message Service or any of its features without notice. We do not charge for the Covert Client Text Message Service, but you are responsible for all charges and fees associated with text messaging imposed by your mobile operator. Message and data rates may apply. Text messages may be sent using an automatic telephone dialing system and using SMS or MMS technology. Your consent to receive text messages is not required as a condition of purchasing any goods or services. You may need to confirm your consent to Covert Client text messages, such as by following the instructions contained in an initial text message PowerReviews and/or Lane Bryant send. You will receive multiple messages per month in this recurring text message program.

To stop receiving Covert Client texts at any time, reply STOP to a text message received or text STOP to (929) 249-5548 to cancel. You’ll receive a one-time opt-out confirmation text message from Covert Client. If you opt out of Covert Client text messages, you will not be opted out of other Lane Bryant text message programs.

For help, email customerinsights@lanebryant.com. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Covert Client Text Message Service prior to changing your mobile number. COMPLETING THE MISSION SURVEY: Following completion of the Mission, follow the link contained in the Mission Description to complete the applicable follow-up survey about your Mission experience (“Survey”). Participant’s Survey answers must reflect their actual experiences completing the Mission and their honest opinions about Lane Bryant’s products and services. A Mission is considered complete once a Participant visits a Lane Bryant store to complete all Mission requirements and subsequently completes and submits the Survey through the Website. The Mission must be completed as set forth in these Terms prior to the deadline specified in the Mission Description and in strict accordance with the directions in the Mission Description for Participant to be eligible to receive the applicable Benefit.

By completing a Survey, except where prohibited by law, each participant grants to the Released Parties (and their agents, successors and assigns) the irrevocable, sublicensable, absolute and perpetual right and permission to use, edit, modify, copy, adapt, publish, and exploit any Survey answers, results or other feedback (“Feedback”) in any and all media now existing or hereafter devised (including online) throughout the world, in any language, and in any manner for trade, advertising, promotional, commercial, or any other purposes, without further review, notice, approval, consideration, or compensation beyond the receipt of a Benefit as set forth in these Terms. Participant waives and releases the Released Parties from any and all claims that participant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of any Feedback without further notification or compensation to participant of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties, each of their licensees, or any other person in connection with the Feedback, on the grounds that any use of any Feedback or element thereof or derivative works therefrom in accordance with this license infringes or violates any of participant’s rights (including MORAL RIGHTS) therein.

Each participant hereby acknowledges and agrees that the relationship between the participant and each of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the participant’s decision to provide Feedback in connection with this Program does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Feedback, other than as set forth in these Terms. Each participant understands and acknowledges that Lane Bryant has wide access to ideas, content, and other creative materials. Each participant also acknowledges that many ideas, content or creative materials may be competitive with, similar to, or identical to his/her Feedback and/or each other in idea, components, format, or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of Lane Bryant’s use of any such similar or identical material that has or may come to Lane Bryant from other sources. Each participant acknowledges and agrees that Lane Bryant does not now and will not have in the future any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of the participant’s copyright in and to his/her Feedback or its constituent elements. Each participant acknowledges that, with respect to any claim by participant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Feedback or other material submitted in connection with the Program, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Released Party property or product, and participant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.

Each Mission may be completed only one (1) time per Participant.

BENEFIT: Following satisfactory completion of a Mission, Participant will receive the benefit specified in the Mission Description (“Benefit”). Benefit details and terms will be set forth in the Mission Description. Benefits that consist of Lane Rewards or Points will be administered through your Lane Rewards account.

PROGRAM/PARTICIPANT TERMINATION: Lane Bryant reserves the right to suspend or terminate, at Lane Bryant’s sole and absolute discretion, Program participation, including, without limitation, if Lane Bryant believes that a Participant has violated or acted inconsistently with these Terms or applicable law or acted in a manner harmful to Lane Bryant’s interests. Abuse or violations that may result in suspension or termination include, but are not limited to: (i) using fraudulent means to participate in the Program; (ii) your failure to follow these Terms and any other terms and conditions applicable to you in connection with your relationship with Lane Bryant; and (iii) making a misrepresentation to Lane Bryant in connection with your participation in the Program. Lane Bryant In addition, Lane Bryant reserves the right to take administrative or legal action against you, including seeking criminal prosecution, in its sole discretion.

Lane Bryant reserves the right to terminate the Program, or any Mission, at any time, for any reason. In the event Lane Bryant elects to terminate the Program (or a Mission before the deadline stated in the Mission Description), Lane Bryant will provide a notice of termination in accordance with these Terms. In the event of such termination, Lane Bryant will not provide Benefits for any Missions that are not fully completed prior to the effective date of termination

GENERAL RESTRICTIONS: You agree to abide by the final and binding decisions of Lane Bryant regarding the Program and your participation in it. Lane Bryant shall be the sole arbiter in cases of suspected abuse, fraud, or violation of these Terms and any decision it makes relating to termination, suspension, or disabling of the Program or a Participant’s participation shall be final and binding. Should a Participant object to any of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Program, that Participant’s only recourse is to immediately discontinue participation in the Program.

Disclaimer of Warranties/Limitation of Liability: To the maximum extent permitted by applicable law, Participants expressly agree that participation in the Program is at the Participant’s sole risk. Participants further agree that Released Parties shall not be liable to Participants or anyone else for any loss or injury or any indirect, incidental, consequential or special damages arising out of participation in the Program, including participation in any Mission, redemption or use of any Benefit, or arising out of any action taken in response to or as a result of any information available through the Program, including the Mission Description. Each Participant hereby waives any and all of the above claims against the Released Parties and their respective agents, representatives or licensors arising out of, or in connection with, his/her participation in the Program.

Further, you agree that no Released Party is responsible, and will have no liability to you, for: any error, omission, interruption, defect or delay in transmission, order processing, or communication, including, without limitation, Mission Communications; technical or mechanical malfunctions; errors in these Terms or in any Program-related materials; human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise.

To the maximum extent permitted by applicable law, you agree that the Program and all Benefits offered therein are provided on a strictly “as is,” “as available,” and “with all faults” basis. THE RELEASED PARTIES MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR BENEFITS OBTAINED BY PARTICIPANTS THROUGH THE PROGRAM. THE RELEASED PARTIES MAKE NO WARRANTY THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES ANY RELEASED PARTY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE PROGRAM. EACH PARTICIPANT HEREBY WAIVES ANY AND ALL CLAIMS AGAINST THE RELEASED PARTIES ARISING OUT OF OR IN ANY WAY RELATING TO HIS/HER PARTICIPATION OR ENROLLMENT IN THE PROGRAM, VISITS TO STORES, FAILED, DELAYED OR MISDIRECTED DELIVERY OF ANY COMMUNICATIONS SENT THROUGH THE COVERT CLIENT TEXT MESSAGE SERVICE; USE OF THE WEBSITE, THE INFORMATION AVAILABLE THEREON OR IN ANY TEXT MESSAGE, AND THE MODIFICATION OF THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE PROGRAM IS TO CEASE YOUR PARTICIPATION IN THE PROGRAM, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF LANE BRYANT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) WILL BE FIVE DOLLARS ($5.00). THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT YOUR RIGHTS TO RECOVER ATTORNEYS’ FEES OR COSTS WHERE APPLICABLE OR TO LIMIT THE RELEASED PARTIES’ OBLIGATION (IF ANY) TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW.  THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE RELEASED PARTIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS CONDUCT.

Lane Bryant expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by a Participant from or in connection with the Program or Lane Bryant shall create any warranty not expressly made herein.

BY PARTICIPATING IN THE PROGRAM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

NOTICES: Program notices will be transmitted, in Lane Bryant’s sole discretion, by e-mail, text message, regular mail, general posting on the Website, or through other methods as may be deemed appropriate by Lane Bryant or permitted under law. Notices in connection with the modification of these Terms will be provided as stated in the MODIFICATION OF THESE TERMS section below.

Governing Law, Class-Action Waiver, Dispute Resolution and Arbitration: YOU AGREE THAT THESE TERMS AND YOUR PARTICIPATION IN THE PROGRAM ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. BOTH YOU AND LANE BRYANT WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.

THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE LANE BRYANT SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN OR HAVING JURISDICTION OVER NEW YORK, NEW YORK AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS PROMOTION WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES & PROCEDURES OF JAMS INC. (“JAMS”) OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A “DEMAND FOR ARBITRATION,” THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN PHILADELPHIA, PA, CHICAGO, IL, NEW YORK CITY, NY, LOS ANGELES, CA, ATLANTA, GA OR DALLAS, TX (WHICHEVER IS CLOSEST TO YOUR RESIDENCE). THE FEDERAL OR STATE LAW THAT APPLIES TO THESE TERMS WILL ALSO APPLY DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN NEW YORK, NY. LANE BRYANT AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR’S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF PARTICIPANT TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE PROGRAM.

Further, in any such dispute, under no circumstances will you be permitted or entitled to obtain awards for, and hereby waive all rights to claim, incidental or consequential damages. The prior limitation on damages is not intended to limit the Released Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law.

GENERAL: In our sole discretion, we may assign these Terms in whole or in part, without notice to you. You may not assign these Terms without our prior written consent. If any provision(s) of these Terms is held to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lane Bryant in writing. Any heading, caption or paragraph title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing contained in these Terms will be construed as creating any agency, partnership, or other form of joint enterprise between you and Lane Bryant. You agree that these Terms will not be construed against Lane Bryant by virtue of Lane Bryant having drafted these Terms.

INDEMNIFICATION: To the maximum extent permitted by applicable law, Participants agree to defend, indemnify and hold the Released parties harmless from any and all losses, damages, judgments, liabilities, claims, demands, costs, investigations, settlements and expenses, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your participation in the Program, including the Covert Client Text Message Service, receipt and use of any Benefit, or activities in connection therewith; (b) your breach or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) the Released Parties’ use of your information as permitted under these Terms, the Lane Bryant Privacy Policy, the PowerReviews Privacy Policy or any other written agreement between you and us. You will cooperate as fully required by the Released Parties in the defense of any claim. The Released Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of the Released Parties. This Section will survive the termination of this Agreement.

MODIFICATION OF THESE TERMS: Lane Bryant reserves the right to modify these Terms from time to time, with reasonable notice to Participants. Lane Bryant will notify you of changes to the Terms by posting them on the Website and may also choose to notify you by email to the address then associated with your Participant account or by other means. The updated Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by Lane Bryant. The updated Terms will apply to your participation in the Program beginning as of their effective date.

ENTIRE AGREEMENT: These Terms constitute the complete and exclusive understanding between Lane Bryant and Participants relating to the subject matter of these Terms and supersede all prior or contemporaneous understandings, agreements and/or advertising relating to the subject matter of these Terms. Both parties acknowledge that they have not been induced to enter into these Terms by any representations or promises not specifically stated herein.

CONTACT US: We welcome questions, comments and suggestions about the Program. Questions or correspondence regarding the Program should be directed to customerinsights@lanebryant.com.