Perfect Fit Rewards ‘Test Group A’ Program Terms & Conditions

Effective April 2, 2023

BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED BELOW AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT ELIGIBLE TO PARTICIPATE IN THIS PROGRAM.

1. Sponsor’s Legal Rights. This Perfect Fit Rewards ‘Test Group A’ Program is offered to a select group of current Perfect Fit Rewards Program (the “Original Program”) Members, as per the Terms and Conditions of the Perfect Fit Rewards Program dated March 8, 2022, which provides Men’s Wearhouse the right to discontinue, amend, or modify the Perfect Fit Rewards Program terms and conditions at any time, without notice. Further, the Perfect Fit Rewards Program Terms and Conditions state that Men’s Wearhouse’s interpretation or application of program terms and conditions, and determination regarding rewards points earned, will be binding on Perfect Fit Members. In accordance with such rights provided to Men’s Wearhouse, you are hereby enrolled in this Perfect Fit Rewards ‘Test Group A’ Program (the “Program”) and your continued participation as a Member indicates your agreement to these Program Terms.

2. Eligibility. The Program is offered by and at the sole discretion of The Men’s Wearhouse, Inc. (the “Sponsor” referred to herein as “we” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Individuals who are lawful permanent residents of the United States, who are at least sixteen (16) years or older (who, if a minor have the permission of their parent or legal guardian to join the Program). Excluded from eligibility in this Program are the officers, directors, employees, agents and representatives of Sponsor and each of its parent, affiliated or related companies, agencies, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such individuals. Corporations, associations or other groups may not participate in the Program. The Program may not be used for any business or commercial purpose and Sponsor may refuse to create an account for any reason. Credit approval is not required for participation in the Program. Original Program Members have been issued a unique Perfect Fit identification number which will remain the same during this Program Period.

3. Overview and Agreement. Participants in the Program earn points toward the achievement of various participation levels and perks. Points can be earned by making eligible purchases in The Men’s Wearhouse, Inc. U.S. stores and at menswearhouse.com. Each level may entitle participants (“Members” or “you”) who reach that level to discounts and promotions. All Program benefits, offers, rewards, and services are subject to availability. By participating in the Program, you agree that you have read, understood and agree to be bound by these Program Terms and Conditions (“Terms”) and by any changes or modifications we may make to the Terms. These Terms supersede all previous terms and conditions applicable to the Program and the Original Program during the Program Period. You should review these Terms and the related policies and FAQs, to understand the terms and conditions that apply to the Program as they may change from time to time with or without notice at our sole discretion. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By participating in the Program, you also agree to use of information you provide for the Program in accordance with the terms of our Privacy Policy ( https://www.menswearhouse.com/privacy-policy) which are incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, as amended from time to time, you cannot participate in the Program. The Program is void where prohibited by law.

4. Program Period: This Program will be effective and Terms in force from April 2, 2023, through August 26, 2023, the “Program Period.” At the expiration of the Program Period, all Members will be reenrolled into the Original Program. For clarity, all Original Program Terms and Conditions will apply to any Members and their respective transactions after August 26, 2023.

5. How to Enroll. Your enrollment in this Program has been automatically determined based on your previous decision to enroll in the Original Program. There is no way for new Members to enroll into the Perfect Fit Rewards ‘Test Group A’ Program during the Program Period. However, you are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on https://www.menswearhouse.com/UserRegistrationForm . Only one Program account may be associated with a single Member and a single email address. You may not create a new or duplicate account under the Original Program during this Program Period. In the event of a dispute over the identity of the Member participating in the Program, the Member will be deemed to be the authorized account holder of the email address submitted at the time of Original Program enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out in your account on menswearhouse.com. If you cancel your membership, any points, rewards or benefits in your account will automatically expire.

6. Rewards Points and Certificates. Members earn one (1) Perfect Fit reward point for every one dollar ($1.00) spent at Men’s Wearhouse or Men’s Wearhouse and Tux (collectively, Men’s Wearhouse) on the purchase of merchandise, layaways, alterations, and tuxedo rentals, at the stores or online, regardless of the method of payment. You are able to earn points by making eligible purchases. Clearance items are excluded. Only one Perfect Fit number may be used per transaction. For every 250 rewards points earned, the Member will receive a $20 rewards certificate. Upon issuance of a reward certificate, 250 of the Member’s rewards points earned will be subtracted from their total account points so that Members cannot be rewarded a subsequent certificate based upon those same points earned. Rewards certificates are issued at the end of the month following the Member’s accrual of the required 250 points.

Upon entering the Program, your account will be credited for any points accrued while participating in the Original Program, if you have not yet been issued a rewards certificate based on those points under the terms and conditions of the Original Program. If the points carried over from the Original Program make you eligible for a rewards certificate under these Program Terms, you will be issued a rewards certificate in the amount awarded under these Program points and certificate thresholds. At the expiration of the Program Period, any points accrued under this Program, that have not reached the threshold to be awarded a rewards certificate under this Program, will be credited to the Member’s account when that Member is returned to the Original Program terms and conditions.

Other opportunities to earn points and special promotions for Program Members, will be posted on menswearhouse.com or may be communicated to you directly or on your account page or may be published through other media (e.g., in-store, in marketing communications, social media, etc.). Visit our FAQs to learn more about earning points.

No minimum purchase is required to earn rewards points. For your purchase to qualify for the Program, you must be assigned as a participant in the Program and (a) be signed into your online account, with your loyalty ID linked, at the time of online purchase; or (b) provide your Program Member identification (that is, the telephone number you registered under the Program) when making your purchase in store. For online purchases, points are awarded at the time items are shipped. No rewards points are earned on fees (e.g., tuxedo rental fees such as the mandatory damage and handling fees, late charges, change order, and rush fees), taxes, freight, purchases of gift cards, purchases made with rewards certificates. Members’ accounts will be debited to reflect returned merchandise. Once all payments toward an eligible layaway purchase are made, loyalty points will be awarded. Rewards points are not transferable and cannot be redeemed for cash or credit.

Expiration. Members forfeit unused rewards certificates 6 months after issuance. If a Member is inactive for 25 consecutive months, the Member will forfeit all of the Member’s points at the end of the 25-month period. The Member is inactive for a certain period if the Member does not transact, using their Perfect Fit Member account, with Men’s Wearhouse over the same period. Any rewards certificate issued during the Program Period will be valid for 6 months after issuance, regardless of the expiration of the Program Period.

7. Perfect Fit Rewards Certificate Use. Rewards certificates are only valid for new purchases at Men’s Wearhouse (online or in store) and may be used only once. No minimum purchase is required to use rewards certificates. Rewards certificates may be combined with other Men’s Wearhouse promotional programs. Rewards certificates are not redeemable for cash or credit and may not be applied toward payment of layaway purchases, gift cards, taxes, or shipping charges. No cash, credit or replacement certificates will be issued if value of rewards certificates exceeds purchase price.

Rewards, benefits and points earned through the Program have no cash value, are non-transferable (except for within wedding parties as described in Section 9 below), and you have no property rights in or to rewards or other Program benefits. Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other act that violates these Terms, as determined by us in our sole discretion. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the Member.

Sponsor is not responsible for lost, stolen or destroyed rewards certificates. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party. If you redeem a rewards certificate using the number without the paper certificate in hand, then the paper certificate is void.

8. Redemption and Returns. To redeem, present the reward certificate or enter the online code at checkout. Customers returning items purchased with one or more rewards certificates will be given a return rewards certificate for the amount of the certificates used (online return certificate will be emailed to account holder). The Men’s Wearhouse return policy shall apply to any amount in excess of the certificates used. Return rewards certificates are subject to these same terms and conditions. In the event merchandise is returned after a certificate is issued, but before the certificate has been redeemed, Sponsor reserves the right in its sole discretion to cancel any certificates earned on that merchandise. Rewards cannot be exchanged or returned for points, another product or service or a monetary refund.

For questions on redeeming this certificate, or if you have concerns that a purchase or other activity was not properly applied to your account, please contact Men’s Wearhouse Customer Relations at 1.800.851.6744. Proof of purchase will be required.

9. Program Perks. Members may receive perks based on their Program participation. Some benefits may only be available in certain locations.

Free Shipping on Online Orders . Members receive free standard ground shipping on all online purchases excluding gift center purchases. Orders will take 1-2 days to process (plus an additional day if placed on weekends or holidays). Any additional shipping fees, as required by state or local laws, will be paid by Member.

Discounts on Rentals . Members receive discounts on select tuxedo or suit rentals at the time of reservation. At a minimum, such rentals must include coat and pants. Discount may not be combined with other discounts or offers and may not be redeemed for cash or credit. Discount does not apply to Joseph & Feiss boys' suit rentals, or Joseph & Feiss 1974 tuxedo rental packaged style. Additional restrictions and fees apply to all rentals. For more details, see store or menswearhouse.com/tuxrentalterms.

In-store Stylist Services and Exclusive Access . All Members receive unlimited free appointments with an in-store stylist plus exclusive partnership access, when available, throughout the year.

10. Conduct of Participation. By participating in the Program, you agree that you have read and agree to abide by these Terms. Sponsor reserves the right to disqualify any participant acting in violation of these Terms or found tampering with the process or with the operation of the Program or the Sponsor’s website. We reserve the right, at any time, in our sole discretion, to: (1) exclude you and/or members of your wedding party and guests, from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Program Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, and/or benefits, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate in our sole discretion. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion. The products and services available through the Program and are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE RELATED TO SPONSOR OR THE PROGRAM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Limitations of Liability and Release. Sponsor and its respective officers, directors, shareholders, employees and agents, are not responsible for any incorrect or inaccurate participant information, theft, tampering, destruction, or unauthorized access to, or alteration of Program information; printing or other errors; and any mail which is late, lost, delayed, incomplete, misdirected, stolen, mutilated, illegible, postage due or any combination thereof. By participating, Members agree to release, discharge, indemnify and hold harmless Sponsor, and each of their respective affiliates, subsidiaries, parent corporations, and their officers, directors, employees, representatives and agents from and against any claims made by the participant, or any other third parties related in any way to the operation of this Program, as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any reward or participation in any Program-related activity or participation in this Program.

12. Program Changes. Sponsor reserves the right to terminate, suspend or modify this Program or these Terms without prior notice, in whole or in part, at any time and without notice or obligation if, in Sponsor's sole opinion, any factor interferes with its proper conduct as contemplated by these Terms. We reserve the right to change Program benefits, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program or point level, the number or types of rewards or benefits you may receive or earn at any given point level in a given time period or for the duration of the Program, the expiration dates for loyalty points, and/or any combination thereof or other elements and aspects of the Program with or without notice to you, and to discontinue the Program on such terms as Sponsor may determine in its sole discretion. If notice of such action is required by law, it will be provided in accordance with such laws. Without limiting the generality of the foregoing, if the Program, or any part thereof, is not capable of running as planned for any reason which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Program, Sponsor may terminate, modify or suspend the Program, or any portion thereof in its sole discretion. Sponsor’s interpretation or application of these Program Terms, and determination regarding rewards points earned, will be final and binding on Members. If the Program is terminated, all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period, if any notice is required by law. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other cases beyond our reasonable control.

13. Indemnity. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Terms

14. Disputes. Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal or state courts located in Texas; participant submits to sole and exclusive personal jurisdiction to said courts in the State of Texas for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with participating in this Program but in no the purchase price of any items that participant purchased to obtain rewards or attorneys’ fees; and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of participant or Sponsor in connection with the Program shall be governed by, and construed in accordance with, the laws of the Texas, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Texas, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

15. Personal Information/Privacy Policy. Sponsor respects the privacy of Members. By participating in the Program and using a Perfect Fit number, Sponsor and its authorized agents will collect, use, and disclose the personal information you provide for the purposes of Program administration. Each Member consents to the business use of the Member's personal information by Sponsor and its subsidiaries and affiliate companies. By participating in the Program, you will be automatically subscribed to receive emails, including emails about the Program and marketing emails from Sponsor and its marketing partners, including those providing rewards under the Program, and you consent to your receipt of such emails. Personal information collected in connection with the Program is stored on servers located in the United States and may be subject to foreign legislation. The use of Members' personal information is governed by our privacy policy. For further information about Sponsor's privacy practices, please see Sponsor's Privacy Policy at: https://www.menswearhouse.com/privacy-policy . The privacy policy may be modified from time to time. Pursuant to federal law, any participant has the right to notify the Sponsor that he/she does not wish to be contacted by the Sponsor regarding any future promotions, or mailings and that Sponsor may not use any information provided to it by such participant for any purposes other than as needed for this Program. Operational emails will still be sent to you as they relate to your membership in the Program. Examples of these include, but are not limited to, a redemption confirmation email, a profile update email, or other communications that relate to your account. If you terminate your Program membership, you will no longer receive Program-related communications. Members may exclude themselves from e-mails, calls, and mailings from Sponsor, its subsidiaries, and affiliate companies by writing to The Men’s Wearhouse, Inc., ATTN: Customer Relations, 6380 Rogerdale Road, Houston, TX, 77072, or calling 1.800.851.6744.

16. Marketing. During the Program Period Members may see Perfect Fit marketing and other promotional materials (“Marketing Materials”). These Marketing Materials will promote the Original Program and are not applicable to Members of this Program. Program Members are not entitled to any promotions or offers provided in these Marketing Materials, and as stated in Section 3, these Terms supersede all previous terms and conditions applicable to the Program and the Original Program during the Program Period.