Canadian Terms and Conditions

The following terms and conditions (the "Terms") govern your use of the Tommy Hilfiger Mobile Service (the "Program") in Canada, excluding the Provence of Quebec, provided to you by PVH Corp. ("PVH," "we" and "us"), parent company of Tommy Hilfiger U.S.A., Inc., owner of the Tommy Hilfiger brand. Your use of any aspect of the Program will constitute your agreement to comply with these terms and conditions. By joining, you represent and warrant that you: (i) have the right, authority, and capacity to consent to these Terms in their entirety; (ii) have read, understand, and agree to all of these Terms; and (iii) are over the age of majority in your province/territory of residence.

We reserve the right, in our sole discretion, to modify these Terms at any time with or without advance notice. You can always find the most recent version of these Terms at the website. To the fullest extent permitted under applicable law, your continued participation in the Program after modification constitutes your acceptance of these Terms as modified. We may, in our sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Program, temporarily or permanently, including the availability of any features of the Program, at any time with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Program.

Opt Out: To opt out of the Program, please send the word STOP to 86669. You will receive a final confirmation message stating that you have been unsubscribed. Please allow a reasonable time period to process your request.

Help: For help with the Program, please send the word HELP to 86669 or contact customer support at 800-866-6922.

Contact customer support at 800-866-6922 or email thservice@tommy.com.

We offer through the Program text messages delivered to your mobile phone. Upon submission of your opt in, you will receive a text message confirming your subscription. Your text message will constitute agreement to comply with these terms and conditions. We will send no more than ten messages per month.

We are pleased to offer you mobile text alerts. Please feel free to join the Program to receive our alerts through your wireless device. You can opt in to receive messages by texting the appropriate code noted at retail shops or sign up online at https://usa.tommy.com/LogonForm. Only legal residents of Canada, excluding the Province of Quebec, may enroll in the Program. Those residing outside of the foregoing jurisdiction are not permitted to enroll. You are required to provide true, accurate, and complete information about yourself as prompted by the enrollment form or the messages you receive via text during the opt-in process. You acknowledge and agree that we will have no liability associated with or arising from your failure to provide accurate enrollment information, including, without limitation, your failure to receive offers and important information and updates about the Program. If we have reasonable grounds to suspect that the information you provided is untrue, inaccurate or incomplete, we may suspend or terminate your enrollment in the Program.

We do not charge for providing you with the Program. However, please check your wireless service plan, as your mobile carrier may charge you for text messages. Standard message and data rates may apply, and charges are billed by and payable to your mobile service provider. Supported carriers include Aliant Mobility, Bell Mobility Inc, Fido, MTS/Allstream Inc, Rogers Cantel Inc, Sasktel Mobility, Telebec, Telus Mobility, Videotron, Virgin Mobile Canada and WIND. You are solely responsible for acquiring any hardware, software, wireless access, Internet access, and other items required for you to participate in the Program, and any associated fees, charges, and expenses.

For Dollar Off Promotions:
Offer is redeemable for the amount stated on the Text. Offer may only be applied to a purchase amount that is equal to or greater than the offer amount. Offer must be presented in-person at Tommy Hilfiger stores in Canada. Offer valid thru expiration date provided in Text. The following standard terms apply: (i) offer cannot be combined with associate discount; (ii) one redemption per person; (iii) not valid on gift cards; (iv) not redeemable for store credit or cash; (v) customer must present the mobile message at time of purchase to receive the offer. (vi) any discount (as shown on the receipt) applied to merchandise that is returned will be deducted from any refund amount. Certain other restrictions may apply. Please see store associate for details. Terms subject to change.

For Percentage Off Promotions:
Offer is redeemable for an amount up to the discount stated on the Text and must be presented in-person at Tommy Hilfiger stores in Canada. Offer valid thru expiration date provided in Text. The following standard terms apply: (i) offer cannot be combined with associate discount; (ii) one redemption per person; (iii) not valid on gift cards; (iv) not redeemable for store credit or cash; (v) customer must present the mobile message at time of purchase to receive the offer. (vi) any discount (as shown on the receipt) applied to merchandise that is returned will be deducted from any refund amount. Certain other restrictions may apply. Please see store associate for details. Terms subject to change.

Please see our Privacy Statement at http://usa.tommy.com/en/ca-privacy-policy-mobile. By participating in the Program you agree to our Privacy Statement and to the collection, use and disclosure of your information it describes. Some promotions offered through the Program may require you to submit additional information to claim them. For example, we may request your postal code to determine if you are eligible for an offer with a limited geographical range, and we may request your email address to help us better understand your history with us and your interactions with us over various channels.

All ownership rights and title in and to the Program are owned by us or our licensors and are protected under applicable copyrights, trade-marks and other proprietary (including, without limitation, intellectual property) rights and international treaties. Unless and except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way the Program, or any portion therein, including, without limitation, any text messages, content, or other aspect of the Program, without our prior written permission. All rights not expressly granted to you through these Terms are retained by us. Nothing in these Terms grants to you any right to use any of our or any other third party's trade-marks, service marks, logos, domain names or other indicia of origin.

You agree that you will comply with all applicable local, provincial/territorial, national and any other laws, regulations and other legal requirements that relate to your participation in the Program. In addition, in participating in the Program, you agree, without limitation:

• not to use the Program in breach of these Terms;
• not to disrupt or interfere with the security of, or otherwise abuse, the Program, or any part of the Program;
• not to attempt to obtain unauthorized access to the Program or portions of the Program that are restricted from general access;
• not to use the Program in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or in violation of any third party rights; and
• to comply with any other requirements, restrictions or limitations imposed by us from time to time.

You agree not to modify the format or branding of the content provided in the Program or to add any materials, including any advertisements or other promotional content, to such content. The Program and content part of the Program is owned by us, our affiliates, or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the content or the Program except as expressly provided for in this Agreement.

This Program, in whole and in part is provided on an "as is" and "as available" basis, without express or implied warranties of any kind, including, without limitation, warranties of title, implied warranties of merchantability or fitness for a particular purpose. To the fullest extent permitted under applicable law, you expressly acknowledge and agree that you assume sole responsibility and risk for your use of the Program and the results and performance thereof. In no event and under no cause of action, including, without limitation, negligence, shall we, our affiliates or any of our respective officers, directors, members, employees or authorized agents, vendors or service providers (collectively, the " parties") be liable for any damages, claims, expenses, losses or liabilities (including without limitation, direct, compensatory, incidental, indirect, special, consequential or exemplary damages), however caused and under any theory of liability, arising from or in connection with the Program and/or these Terms, even if we are advised of the possibility of such damages, claims or losses. Without limiting the generality of the foregoing, we shall not be liable to you or any third party for: (a) your use of or inability to use the Program; (b) any messages or the content of any messages provided to you; (c) any goods, services or information purchased, received, sold or paid for in connection with the Program; (d) disputes between you and us; (e) any inaccuracy, incompleteness or misinformation contained in any information provided through the Program; (f) unauthorized access to, or alteration or loss of, your transmissions or data, or other information that is collected, stored or sent in connection with the Program; (g) errors, system down time, network or system outages, file corruption or service interruptions; or (h) any other use by you of the Program. Your sole remedy under these Terms shall be to discontinue any use of the Program. Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

11. General Terms