Version 1.0, last updated: March 7, 2024

Please read these Terms carefully. By participating in the My Pandora rewards program, you agree to be bound by these Terms and all terms incorporated by reference.

1. SCOPE AND APPLICATION

1.1.These Terms apply to your participation in the My Pandora rewards program (“My Pandora” or the “Program”) operated by Pandora A/S, (“Pandora”, “we”, “us” or “our”) and its affiliate, Pandora Jewelry LLC. By applying for membership in My Pandora, you agree to be bound by these Terms. The latest version of these Terms is always available at https://us.pandora.net/en/conditions-mypandora/conditions-mypandora.html. Participation in the program and its benefits are offered at the sole discretion of Pandora.

1.2.These Terms will apply in addition to our general e-commerce Terms of Use, applicable to http://us.pandora.net (the “Pandora Website” or the “Site”) and available at https://help.pandora.net/s/ecommerce-terms-and-conditions?language=en_US

1.3.Please read these Terms carefully. These Terms contain important information about your rights and obligations in the program. My Pandora is provided by Pandora, which is solely responsible for the Terms of the program. Pandora may modify, add or delete any of these Terms, benefits or rewards, in whole or in part, or otherwise end this program, at any time, with or without notice, even though such changes may affect the value of points already accumulated and/or the time for redemption.

1.4.My Pandora accounts, benefits, rewards and points are only valid for use in the United States.

1.5.As a member of My Pandora, you can earn points that qualify you for different tier levels and allow you to redeem benefits, offers and services as well as receive invitations for special promotions organized by Pandora or Pandora’s partners and affiliates. You can find more information about benefits and offers in Section 3 below or through your My Pandora membership account accessed via https://us.pandora.net/en/login?rurl=1.

1.6.Membership in My Pandora is limited to individuals that are acting in a personal capacity and are at least 18 years of age. By joining My Pandora, you confirm that you are at least 18 years of age and Pandora reserves the right to request written confirmation of such.

1.7.Your membership is for personal use only, non-transferable and subject to acceptance of these Terms as well as any other rules, regulations, policies and procedures adopted by Pandora and accepted by you upon participating in or redeeming offers and benefits or by making purchases and engaging in other related services. We may in our sole discretion refuse any applications or terminate a membership and/or cancel or reduce points at any time if we consider your transactions to be excessive and/or are for commercial purposes or subject to onward sale, delivery or profit.

1.8.Pandora reserves the right to approve, deny, or revoke participation in the program to any individual for any non-discriminatory reason whatsoever. Participation includes earning points, redeeming rewards, and any other benefits associated with the program. Enrollment becomes effective and acceptance of these Terms begins when you enroll in the program. Purchases made prior to enrollment are not eligible for earning points or rewards.

3.1. The My Pandora program is a tier-based program determined by the number of points a member has earned on eligible purchases and through qualifying activities, beginning on the date the member enrolls in the program. There are three tiers of My Pandora membership: Pink, Silver and Gold. Achieving Silver or Gold status requires a minimum spend per year, as explained below. All membership tiers enjoy a variety of benefits made available by Pandora, in its sole discretion, from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others.

3.1.1.Pink Tier: As a Pink member, you will earn points in accordance with 3.8 below. In addition to earning points, you will be eligible for a Welcome Gift as described in 3.4. You will also be able to keep track of your jewelry sizes, create a wish list and keep track of all of your orders.

3.1.2.Silver Tier: As a Silver member, you will be entitled to all of the benefits available to Pink members. In addition, a Silver member will be able to pay for purchases with points, will receive Jewelry cleaner sets at a 50% discount, and will also receive a Birthday treat, as described in 3.6 below.

3.1.3.Gold Tier: As a Gold member, you will be entitled to all of the benefits available to Pink and Silver members. In addition, a Gold member will receive one Jewelry cleaner set free of charge and will also receive a Gold reward each year of their membership as described in 3.7 below.

3.2. The type, timing and availability of any Benefits, special offers, sneak peeks, pre-sale invites, personalized member offers, points campaigns, sweepstakes, and experiences, will be determined by Pandora in its sole discretion.

3.3. Pandora may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.

3.4. Welcome Gift

3.4.1.A 10% discount on your next purchase of Pandora jewelry (“10% Welcome Gift”) will be available in your account three calendar days after your My Pandora account is created.

3.4.2.The 10% Welcome Gift can be used both in Participating Stores and online. No minimum purchase required.

3.4.3.The 10% Welcome gift is valid for 30 calendar days from the date of issue and cannot be used in conjunction with other discounts or vouchers. The Welcome Gift is single-use and non-transferrable.

3.4.4.The 10% Welcome gift cannot be applied towards shipping costs, taxes, or purchases of gift cards, 14K gold, last chance/sale items, and Pandora Lab-grown Diamonds or Pandora Essence collections.

3.4.5.In case of an online purchase, if Pandora cannot fulfil the entire purchase to which the 10% Welcome Gift has been applied, the 10% Welcome Gift will be reissued with a new 30 calendar days expiration period. If you return the entire purchase to which the 10% Welcome Gift has been applied, it will be reissued with a new 30 calendar days expiration period. However, if the purchase to which the 10% Welcome Gift was applied is partially returned or partially fulfilled, the Welcome Gift will not be reissued.

3.5. Communications and exclusive offers

3.5.1.As a member, you will benefit from exclusive sneak peeks, pre-sale invites, personalized member offers, and points campaigns.

3.5.2.You will be informed and reminded of the My Pandora benefits (such as your points balance and their validity period so you can use points before they expire) and any Member exclusives via the email address attached to your account.

3.5.3.The Pandora Jewelry Cleaner Set will be available for Silver members to purchase at a 50% discount valid for use up to three times per year. The Jewelry Cleaner Set 50% discount can be used in Participating Stores and online ).

3.5.4.One Jewelry Cleaner Set will be available for Gold members free of charge once per membership, when you become a Gold member for the first time (Note: this Jewelry Cleaner offer is not renewable and will therefore only be valid once in a lifetime even if the Gold status is renewed). Following that, Gold members may purchase additional Jewelry Cleaner Sets at 50% off, valid for use up to three times per year. The Jewelry Cleaner Set can be redeemed in Participating Stores or online.

3.6. Birthday Treat

3.6.1.The Birthday Treat will be available for Silver and Gold members. Silver members will receive a 10% off voucher Birthday Treat and Gold members will receive a 15% off voucher Birthday Treat.

3.6.2.If you provide your birthdate, the Birthday Treat will be available in your account on your first birthday after you join and every year thereafter while you are a member. The Birthday Treat can be used in Participating Stores and online. There is no minimum purchase required.

3.6.3.The Birthday Treat cannot be applied to shipping costs, taxes, or purchases of gift cards, 14K gold, last chance/sale items, and Pandora Lab-grown Diamonds or Pandora Essence collections.

3.6.4.The Birthday Treat is valid for 30 calendar days from the date of issue and cannot be used in conjunction with discounts or other vouchers. The Birthday Treat is single-use and non-transferrable.

3.6.5.If Pandora cannot fulfill the entire online purchase to which the Birthday Treat has been applied, it will be reissued with a new 30 calendar days expiration period. If you return the entire purchase to which the Birthday Treat has been applied, it will be reissued with a new 30 calendar days expiration period. However, if the purchase that used the Birthday Treat is partially returned or fulfilled, the Birthday Treat won’t be reissued.

3.7. Gold reward

3.7.1.The Gold Reward is available for Gold members only.

3.7.2.The Gold Reward gives 20% off and double points on a single purchase. First, we calculate 20% off and then double points will be applied based on the remaining balance.

3.7.3.The Gold Reward will be available in your account 90 days after you become a Gold member (including upgrade or requalification) and will be issued every 12 months from the date your Gold membership is initially activated, provided you retain Gold membership status.

3.7.4.The Gold Reward can be used in Participating Stores and online. Your Gold Reward must be redeemed within one transaction and is non-transferrable.

3.7.5.The Gold Reward does not apply to shipping costs, taxes, or purchases of gift cards, 14K gold, last chance/sale items, and the Pandora Lab-grown Diamonds or Pandora Essence collections. Double points not valid on gift card purchases, purchases made with points, taxes, or shipping costs.

3.7.6.The Gold Reward is valid for 30 calendar days from the date of issue and cannot be used in conjunction with discounts or any other vouchers.

3.7.7.If Pandora cannot fulfill the entire online purchase to which the Gold Reward has been applied, the Reward will be reissued with a new 30 calendar days expiration period. If you return the entire purchase to which the Gold Reward has been applied, the Reward will be reissued with a new 30 calendar days expiration period. However, if the purchase to which the Gold Reward was applied is partially returned or partially fulfilled, the Reward won’t be reissued.

3.8. Earning points

3.8.1.As a My Pandora member, you can earn points when you make purchases (either online or in Participating Stores). You may also receive other benefits, as outlined in these Terms, by engaging with us through sweepstakes and contests, voting on our products, sharing your reviews, participating in customer surveys, and through other engagements from time to time.

3.8.2.The terms and conditions for customer surveys and special opportunities will be disclosed at the time of the survey or offer. Please check those terms and conditions carefully, as there may be important conditions or limitations (such as blackout periods, point limitations or exclusions). Availability of any special offer is subject to change without notice, at Pandora’s sole discretion. We reserve the right to alter program benefits and special offers or opportunities based on purchase activity, volume and type of purchase, geographic location, program participation or other information provided by the account holder.

3.8.3.You earn points on all purchases from Participating Stores and online, including discounted products (but only on the value of the product after the discount, not before), excluding shipping, taxes, purchases of gift cards, and the portion of any purchase paid for with preexisting points. Points are earned on purchases paid for with gift cards, credit/debit card or cash. If a purchase is partially made with points, you will only earn points on what you paid by gift card, credit/debit card or cash, not on the portion of the purchase paid for with points.

3.8.4.You will earn 1 point for every $1.00 USD spent on new purchases registered with your My Pandora membership account. New purchases are any purchases of goods and/or services made by you, excluding applicable taxes and shipping and handling charges, minus any returns, refunds or credit adjustments, with the total amount rounded to the nearest USD. Also you do not earn points for the amount of any coupon, discount, or merchandise credit applied to purchases, or the value of any Reward being redeemed.

3.8.5.To earn points when purchasing in our Participating Stores:

3.8.5.1.present the QR code from your My Pandora emails to the store staff at the time of purchase;

3.8.5.2.present the QR code from your My Pandora account at the time of purchase; or

3.8.5.3.provide your email address to the store staff at the time of purchase

3.8.5.4.Points will automatically appear in your account upon purchase as “pending” and those points will be confirmed and available for use 30 calendar days from the date of purchase.

3.8.6.To earn points when purchasing online: sign-in to your My Pandora account online with your e-mail address and password prior to check-out to ensure purchases are properly registered and qualify for points. Points earned through online purchases will automatically appear in your My Pandora account as “pending” and those points will be confirmed and available for use 30 calendar days from the date of purchase.

3.8.7.If your annual purchase amount exceeds $10,000 USD you will not earn any more points for the year. Earnings will resume at the start of the following 12-month period.

3.8.8.Earned points will expire 12 months from the purchase date as set forth in Section 3.9.10 below.

3.8.9.Points may not be earned or claimed for transactions made prior to becoming a My Pandora member or on unauthorized or fraudulent purchases.

3.8.10.If you return products or your order was cancelled, you will not earn points on that purchase. This may result in pending or accrued points being revoked and your account having a negative points balance. If that returned or cancelled purchase was made using mixed payment methods, the order of refund will be prioritized as follows: (a) cash, (b) credit/debit card, (c) gift card, (d) points credited back to your My Pandora account. If you paid with a voucher, subject to any other provision in these Terms, the voucher will not be re-issued nor otherwise reimbursed. Any points credited back shall have a new expiration date of 12 months from the date of that return.

3.9. Redeeming Points

3.9.1.Points, offers and benefits can be redeemed both online through your My Pandora account and in Participating Stores. Points are redeemed differently in Participating Stores and online, as described below.

3.9.2.The ‘Pay With Points’ benefit is available for Silver and Gold members. You cannot pay with points if you are a Pink member. If you are a Pink member, your points status will appear as ‘pending’ until you level up to Silver or Gold.

3.9.3.When paying with points, 40 points equal $1.00 USD. General rounding rules apply – any purchase amount that is paid with points will be rounded to the nearest full point value (e.g., $24.30 will be rounded to 24 points, whereas $24.80 will be rounded to 25 points).

3.9.4.If the value of the points you have available is less than the total amount of the order, you will have to pay the remaining balance with another authorized payment method. When paying with points, older points are automatically applied first.

3.9.5.Redeeming Points in Participating Stores.

3.9.5.1.When paying with points in store, you may only redeem points in increments of two (2). For example, if you have 95 points in your account, you may only redeem 94 points in store, leaving 1 point in your account which will be rolled over into any new point accrual.

3.9.5.2.You may choose how many points you wish to spend on any given transaction, whether it be all of the available points in your account or some other amount, provided they are spent in increments of two (2). 3.9.6. Redeeming Points Online.

3.9.6.Redeeming Points Online.

3.9.6.1.When paying with points online, there is no minimum requirement for redeeming your points. For example, if you have 95 points in your account, you may redeem all 95 points, leaving zero balance in your account until you accrue new points.

3.9.6.2.You cannot use fewer points than what is available in your account at the time of purchase. That means your entire point balance will be applied to your purchase if you decide to pay with points and any remaining points not used to cover the purchase price will remain in your account.

3.9.7.Points can be used to pay for products, shipping costs and tax. However, points cannot be used to purchase gift cards.

3.9.8.Points will first be applied to shipping & shipping tax, product and then product tax.

3.9.9.Points cannot be exchanged for cash and are non-transferable. Points cannot be assigned, inherited nor pledged.

3.9.10.Points may be used in conjunction with discounts and promotions.

3.9.11.Earned points will expire at the end of the twelfth month from the date of purchase. For example, if a purchase is made between May 1 - 31 2024, your points will expire on May 31, 2025.

3.9.12.If you make a purchase without being logged into your My Pandora account online or without identifying yourself as a My Pandora member in the Participating Store, you can contact us as described below at Contact Support (pandora.net) within 30 days from the purchase date to claim your points and link them to your account. To claim your points, you will need to provide your name, email address and receipt/proof of purchase. Once you claim your points, it will take up to 2 business days for the points to appear as pending in your account.

3.9.13.You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of points. Consult your tax advisor concerning any tax consequences that may arise from your participation in the program.

3.9.14.Points spent on purchases which are subsequently cancelled or returned will be returned to your points balance.

3.10. Levelling up from Pink to Silver

3.10.1.Levelling up from Pink to Silver requires the following:

3.10.1.1.Completing your My Pandora account profile by answering the preference questions (i.e. preferred metal, preferred store and birth month/day) allowing us to further personalize your membership experience; and

3.10.1.2.Making at least one purchase of any value. Purchases made prior to completing your sign up to My Pandora will not count towards this purchase requirement.

3.11. Levelling up from Silver to Gold

3.11.1.Leveling up from Silver to Gold requires you to spend $400 USD or more within a 12-month period (the “Gold Threshold”). If you return a purchase, the returned amount will be deducted from and not counted toward to the Gold Threshold.

3.11.2.Purchases or portions of purchases made with points will not count towards the Gold threshold.

3.11.3.You will be downgraded from Gold to Silver (a) if you purchase less than $400 USD within 12 months from the date you first leveled up to Gold or (b) if any return(s) you make cause your 12-month purchase total to drop below $400 USD.

3.11.4.ou can skip Silver and level up from Pink to Gold directly if you fulfill the criteria to level up from both Pink and Silver tiers

3.11.5.Pink tier members who are or become Pandora Credit Card holders and (i) have completed the My Pandora onboarding (i.e. completed profile and answered questions) and (ii) have matching email addresses registered to both their My Pandora and Pandora Credit Card profiles as set forth in Section 2.2 above, will be automatically upgraded from Pink to Gold for the first 12 months within 3 business days. While maintaining Gold status is not conditioned upon remaining a Pandora Credit Card holder, you must fulfill the criteria set forth in Section 3.11.3 to keep Gold status after the first 12 months of membership, otherwise you will be downgraded to Silver.

4. CHANGES, TERMINATION OR EXPIRY OF THESE TERMS

You may, at any time, terminate your My Pandora membership by deleting your account at the following link a Privacy Web Form (onetrust.com) or by contacting us using the information below. Please note that by deleting your account:

4.1.1.you will lose all your My Pandora benefits and accrued rewards including the ability to continue earning points for new purchases. Any previously-earned points will be invalidated immediately;

4.1.2.your personal information – including your history, profile details and preferences – will be processed in accordance with our Pandora Privacy Policy;and

4.1.3.you will only be able to use the guest check-out option when shopping online.

4.2.Pandora may, at any time and in its sole discretion, terminate points and terminate, modify, withdraw, suspend, supplement, limit or discontinue the My Pandora rewards program, any portion of these Terms, offers, benefits and associated FAQs. Orders and purchases that have been made prior to such termination and for which points have been used shall remain unaffected. Pandora will inform members by email three months prior to the termination of the program and one month before discontinuation of a reward benefit. Modifications will take effect immediately upon publication of such changes online. Continued participation in the My Pandora rewards program following such changes constitutes your agreement to be bound by the modified Terms.

4.3.Pandora reserves the right to terminate your membership, or suspend your account, for good cause. Good cause includes but is not limited to the following, at Pandora’s sole discretion:

4.3.1.you have not used your account (to earn points or redeem rewards) for 5 years. Other activity, such as updating your profile, shall not suffice as “using” your account for the purposes of this Section;

4.3.2.Pandora knows or suspects that the use of your account is unauthorized, fraudulent or otherwise unlawful;

4.3.3.you provide false data;

4.3.4.any behavior relating to the program or Pandora that involves theft, misconduct, abusive or offensive behaviors, or relates to supplying false or misleading information; or

4.3.5.you breach any of these Terms.

5. PERSONAL DATA AND MARKETING

5.1.All information provided by the account holder will be handled in accordance with the Pandora Privacy Policy. All purchases made on our website are subject to our Terms and Conditions/Terms of Use found at https://help.pandora.net/s/ecommerce-terms-and-conditions?language=en_US. In the s that any website Terms and Conditions/Terms of Use conflict with these program Terms, the program Terms will control.

5.2.We will process your personal data for the purpose of providing you with the services under the program, including managing your purchases, verifying your status as a Pandora Credit Card holder, if applicable, providing your personalized offers and benefits, registering earned and used points, managing your My Pandora online account and to provide you with personalized content and messaging necessary for the provision of the core services of the program.

5.3.You have the right to access and correct your data, request their deletion, or exercise your right to limit the processing of your data. You can also exercise your right to data portability and define directives concerning the fate of your data after your death in accordance with applicable privacy laws.

5.4.To exercise your rights, learn more about how Pandora processes your personal data or if you have any questions about the processing of your personal data, please see our Pandora Privacy Policy.

5.5.All title and intellectual property rights in and to any content that is accessed, viewed, streamed, or downloaded from the website remains the sole and exclusive property of Pandora or its licensor, and use of such content is subject to the restrictions imposed by these Terms as well as applicable copyright and other intellectual property laws and treaties. Content may not be used in a manner that exceeds the specific rights granted and individuals are strictly prohibited from copying, modifying, selling, re-licensing or distributing content. Account holders agree that they will not circumvent, or attempt to circumvent, any technology or methods used by Pandora or its licensors to prevent the unauthorized reproduction or distribution of content accessible via the program.

6. LIMITATION OF LIABILITY

Neither Pandora nor its affiliates shall be liable to any person with respect to the My Pandora program, to the extent permitted by law, for any:

6.1. act or omission;

6.2. loss or damage that is not foreseeable;

6.3. Indirect or consequential loss or damage;

6.4. failure to inform My Pandora members of matters related to the My Pandora program;

6.5. incorrect or inaccurate transcription of entry information;

6.6 interruption, deletion, omission, defect, failure, or issues related to any equipment, electronic transmission, software or programming utilized by the member, for any inability to access any website or online service, or for any other technical or non-technical error or malfunction for whatever reason; and

6.7 human error.

7. DISPUTE RESOLUTION INCLUDING BINDING ARBITRATION

7.1. For purposes of this Dispute Resolution section, references to “Pandora” or “we” include our past, present, and future parents, subsidiaries, affiliates, and related entities, as well as Pandora’s and all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns. To the fullest extent permitted by applicable law, you and Pandora agree to arbitrate any dispute, controversy or claim arising out of or relating to the Site, access or use of the Site, these Terms and/or the Privacy Policy, and/or your relationship with Pandora, except for claims related to bodily injury or death (“Dispute”). Dispute includes, but is not limited to: (a) claims that arose before the existence of these or any prior Terms (including, but not limited to, claims related to advertising); (b) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) claims that may arise after the termination of these Terms. Dispute shall be interpreted broadly. Notwithstanding the foregoing, you or Pandora may elect to have a claim heard in small claims court, so long as the case qualifies for that court and proceeds on an individual (non-class, non-representative) basis and remains in that court and is not removed or appealed to a court of general jurisdiction. You and we agree that these Terms reflect a transaction in interstate commerce and thus, the Federal Arbitration Act governs the interpretation and enforceability of these arbitration provisions. These arbitration provisions shall survive termination of these Terms.

7.2. Step One: Mandatory Informal Dispute Resolution Process. Pandora is committed to resolving any issues that may arise between you and us through customer service. In the unlikely event that a Dispute cannot be resolved through customer service, you and we agree to engage in good faith in this mandatory informal dispute resolution process for sixty (60) days (which can be extended by the parties) before you or we may initiate an arbitration or a small claims court proceeding. To start this process, you or we must send the other party a written notice that must include all of the following information: (a) the claimant’s name, address, phone number, and email address; (b) a detailed description of the nature and basis of the claims, including information about any underlying transaction; (c) a detailed description of the nature and basis of the relief sought including any damages sought (and a calculation for them); and (d) the personal signature of the claimant (“Notice”). If a notice is incomplete, you and we agree that this process will not commence until all of the required information is provided. If you send us a Notice, you will send it to us at Pandora Ecomm, LLC, 250 West Pratt St., 17th Floor, Baltimore, MD 21201 Attn: Office of General Counsel. If we send you a Notice, we will send it to the contact information we have on file for you. The party sending the Notice must give the other party sixty (60) days after receipt of the Notice (with all required information) to investigate and seek to resolve the claim. If the party receiving the Notice makes a request for an individualized settlement discussion by phone call or video during this period, you and we agree to personally participate (with counsel, if represented). This discussion may take place, if necessary, after the sixty (60) day period has ended. Any applicable limitations period (including statute of limitations) will be tolled from the time a Notice is received through completion of this process. An arbitration proceeding may not be commenced until after the Mandatory Informal Dispute Resolution Process has ended. All of the provisions of the Mandatory Informal Dispute Resolution Process are essential so that you and Pandora have a meaningful chance to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction can enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by applicable law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with such an arbitration. If the arbitration is pending, it must be administratively terminated without prejudice.

7.3. Step Two: Individual Arbitration.

7.3.1. Arbitration Procedures. The arbitration will be governed by applicable rules of National Arbitration & Mediation (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), as modified by these arbitration provisions, and will be administered by NAM. (If NAM is unavailable or unwilling to do so, the arbitration will be administered by American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules (including the Supplementary Rules) (“AAA Rules”) as modified by these arbitration provisions.) (If the AAA is unavailable or unwilling to do so, then an arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. § 5.) The NAM Rules are available at www.NAMADR.org, by calling NAM at 1-800-358-2550. The AAA Rules are available at www.adr.org. You may obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM (If the arbitration is being administered by the AAA or another administrator, the relevant form is made available through them.) You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Informal Pre-Dispute Resolution Process requirements referenced in Step One and that they are a party to the arbitration agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). All issues are for the arbitrator to decide, except as otherwise expressly provided herein and except as to issues relating to the scope and enforceability of the arbitration provisions or whether a dispute can or must be brought in arbitration (including whether a dispute is subject to these arbitration provisions or a previous arbitration agreement between you and Pandora), which are for a court of competent jurisdiction to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different consumers. Unless we and you agree otherwise, or the applicable NAM Rules (or the AAA Rules) dictate otherwise, any arbitration hearings will take place at a location reasonably convenient to you, such as the county (or parish) where you reside, or at such other location as may be mutually agreed upon by both Pandora and you. If a hearing takes place, you and Pandora agree to personally attend (with counsel, if represented). At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and Pandora and will not have any preclusive effect in another arbitration or proceeding that involves a different party. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. An arbitrator’s award that has been fully satisfied shall not be entered in any court. As in court, you and Pandora agree that any counsel representing you or Pandora in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules (or the AAA Rules), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel. Except as expressly provided in these arbitration provisions, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

7.3.2. Arbitration Fees. The payment of arbitration fees (the administrative fees imposed by the arbitration administrator, including filing, arbitrator, and hearing fees) will be governed by the NAM Rules (or the AAA Rules). Notwithstanding the foregoing, Pandora will pay any arbitration fees that arbitrator rules are necessary to ensure arbitration is not cost prohibitive as compared to court unless the arbitrator determines that your claim is frivolous, brought for an improper purpose, or brought in bad faith. You and we agree that the arbitration should be cost-effective for all parties and that any party may engage with NAM (or the AAA) to address the reduction or deferral of fees.

7.3.3. Requirement of Individualized Relief. 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. To the fullest extent permitted by applicable law, both parties agree that any claims brought forth shall be done so solely in an individual capacity, and not as a plaintiff or class member in any supposed class, representative, or private attorney general proceeding. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated.

7.3.4. Mass Filings. If 25 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel or are otherwise coordinated (whether such cases are pursued simultaneously or not), all the cases must be resolved in staged proceedings. You agree to this process even though it may delay the arbitration of your claim. In the first stage, claimants’ counsel and Pandora will each select 25 cases (50 cases total) to be filed in arbitration and resolved individually by different arbitrators. If there are fewer than 50 cases, all will be filed in arbitration. In the meantime, no other cases may be filed or proceed in arbitration, and NAM (or the AAA) must not assess or demand payment of fees for the remaining cases or administer or accept them. The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. After the first stage is completed, the parties will engage in a single mediation in connection with all remaining claims, and Pandora will pay the mediation fee. If the parties cannot agree how to resolve the remaining claims after mediation, they will repeat the process of selecting and filing 50 cases to be resolved individually by different arbitrators, followed by a single mediation. If any claims remain after the second stage, the process will be repeated until all claims are resolved, with four differences. First, a total of 100 cases (or more by agreement of the parties’ counsel) may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of counsel for the claimants. Between stages, counsel will meet and confer regarding ways to improve the efficiency of the staged proceedings, including whether to increase the number of cases filed in each stage to ensure that arbitration remains efficient and cost-effective for all parties. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Informal Pre-Dispute Resolution Process is initiated, so long as the notice provided complies with all of the requirements for a Notice, until your claim is selected to proceed as part of a staged process or is settled, withdrawn, or is otherwise resolved. A court of competent jurisdiction will have the authority to enforce this Mass Filings provision, including by enjoining the mass filing, the prosecution or administration of arbitrations, or the assessment or collection of arbitration fees. This Mass Filings provision and each of its requirements are intended to be severable from the rest of these arbitration provisions. If, after exhaustion of all appeals, a court decides that the staging process in this subsection is not enforceable, then the cases may be filed in arbitration and the payment of NAM (or the AAA) arbitration fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.

7.3.5. Opt-out of Changes. Notwithstanding any provision to the contrary, if Pandora makes any future change to these arbitration provisions (other than a change to our notice address), you may reject any such change by sending written notice to Pandora at Pandora Ecomm, LLC, 250 West Pratt St., 17th Floor, Baltimore, MD 21201 Attn: Office of General Counsel, within 30 days of notice of the change. You must provide your name, address, phone number, and email address in such notice. Such an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to reject the change to the arbitration provisions. This is not an opt out of arbitration altogether. 7.3.6. Severability. If any portion of these arbitration provisions is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of the arbitration provisions shall continue to be enforceable and valid according to the terms contained herein.

8. MISCELLANOUS

8.1. All intellectual property in whatever form, related to the My Pandora program including but not limited to the program itself, set-up, account, benefits, rewards and points, are owned by and shall remain the property of Pandora.

8.2 No waiver by Pandora of any provisions herein will be effective unless explicitly set forth in writing. No failure to exercise any right or remedy arising from these Terms shall be construed as a waiver by Pandora, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise of any other right or remedy by Pandora.

8.3. Neither Pandora nor its affiliates, subsidiaries, partners, agents, or employees make any representations or warranties of any kind whatsoever, neither express nor implied in connection with these Terms or My Pandora or any of the services associates therewith, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except where such representations and warranties are not legally excludable.

8.4. If for any reason any provision of these Terms is determined to be illegal, invalid, or unenforceable it will be severed and deleted from these Terms, and the remaining terms shall survive, remain in full force and effect, and continue to be binding and enforceable.

8.5. These Terms shall be governed by and construed in accordance with the laws of the state of Maryland, USA without regard to conflicts of laws principles. Unless you and Pandora agree otherwise, to the fullest extent permitted by applicable law, the state and federal courts of Howard County, Maryland will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the dispute resolution provision or any of its parts. You and Pandora consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts based on inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.

9. CALIFORNIA NOTICE OF FINANCIAL INCENTIVE.

Under California law, loyalty programs may be considered a financial incentive. To view our notice of financial incentive, please see the Pandora Privacy Policy.

10. CONTACT US

10.1. You can contact the Pandora Customer Care Team in the following ways:

10.1.1. via the contact page of the Pandora Website at Contact Support (pandora.net);

10.1.2. via email at [email protected];

10.1.3. by telephone to 844-467-1333 (carrier charges may apply); or

10.1.4. in writing to Pandora Jewelry LLC at 250 W. Pratt Street, 17th Floor, Baltimore, MD 21202.

11. MY PANDORA TERMS OF USE AND DISCLIMERS

Gold reward

Gold reward available in My Pandora account 90 days after Gold upgrade or re-qualification and must be redeemed within 30 days of receipt. Receive 20% off and double points on one purchase; offer must be redeemed within one transaction and is non-transferable. Limit one per customer. Cannot be combined with any other offers or coupons; 20% discount excludes 14k gold, Pandora lab-grown diamonds, Pandora Essence, Last chance/sale items, gift card purchases, taxes and shipping costs. Double points not valid on gift card purchases, purchases made with points, taxes or shipping costs. Offer valid for redemption at us.pandora.net and in participating stores.

10% birthday

10% birthday reward is available for My Pandora Silver members and must be redeemed within 30 days from the birth date in your profile. Offer is single-use and non-transferable. Cannot be combined with any other offers or coupons; Offer excludes 14k gold, Pandora lab-grown diamonds, Pandora Essence, Last chance/sale items, gift card purchases, taxes and shipping costs. No minimum purchase required; offer valid for redemption at us.pandora.net and in participating stores.

15% birthday

15% birthday reward is available for My Pandora Gold members and must be redeemed within 30 days from the birth date in your profile. Offer is single-use and non-transferable. Cannot be combined with any other offers or coupons; Offer excludes 14k gold, Pandora lab-grown diamonds, Pandora Essence, Last chance/sale items, gift card purchases, taxes and shipping costs. No minimum purchase required; offer valid for redemption at us.pandora.net and in participating stores.

10% welcome gift

10% welcome gift will be available in My Pandora account 3 days after you join and must be redeemed within 30 days of receipt. Offer is single-use and non-transferable. Cannot be combined with any other offers or coupons; Offer excludes 14k gold, Pandora lab-grown diamonds, Pandora Essence, Last chance/sale items, gift card purchases, taxes and shipping costs. No minimum purchase required; offer valid for redemption at us.pandora.net and in participating stores.

Pay with points

Points not available for use until 30 days after purchase and will expire 12 months from purchase date. 40 points equates to $1.00; no minimum requirement for use; points must be redeemed in increments of 2. Points cannot be used to purchase gift cards and are non-transferable. If choosing to pay with points, all applicable points will be applied to your purchase. Valid for use on us.pandora.net and in participating stores.

Earn points

Points are earned for purchases on us.pandora.net and in participating stores, excluding shipping costs, taxes, the purchases of gift cards and purchases made with points. Earned points are calculated after any discounts are applied. $1.00 spent equates to 1 point earned. Points not available for use until 30 days after purchase and will expire 12 months from purchase date. Non-transferable.

50% off Jewelry cleaner set

50% off Pandora Jewelry Cleaner Set [A002] (limited to My Pandora Silver and Gold) valid for use up to 3 times per year from membership start date. Offer is non-transferable, not applicable for substitutions and cannot be combined with any other offers or coupons. Offer valid for use on us.pandora.net and in participating stores.

Free Jewelry cleaner set

Complimentary Pandora Jewelry Cleaner Set [A002] available only for My Pandora Gold members. Offer is non-transferable and is not applicable for substitutions. Limit one per customer. Additional Jewelry Cleaner Sets available to My Pandora Gold members at 50% off, valid for use up to 3 times per year from membership start date. Offer valid for use on us.pandora.net and in participating stores. If redeeming online, members must pay applicable shipping costs.