TERMS AND CONDITIONS

Last Updated October 8, 2025

IMPORTANT NOTE: PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY BY FINAL AND BINDING INDIVIDUAL ARBITRATION. THIS MEANS THAT YOU WAIVE ANY RIGHT TO A JURY TRIAL, AND WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS AGAINST US. IN ARBITRATION, THERE IS NO JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW AS COMPARED TO COURT LITIGATION. Please review the Arbitration Agreement and Class Action Waiver in Section IX of these Terms and Conditions for more details.

The following Terms and Conditions (“Terms and Conditions”) govern the Hot Topic Loyalty Rewards Program (“Hot Topic Rewards" or the “Program”) and your participation in the Program.

I. General

(a) The HT Rewards Program is sponsored by Hot Topic, Inc. ("Hot Topic", "we", "us" or "our"). In these Terms and Conditions, “you”, “your”, or “member” means the person participating in the Program, a “Hot Topic Retail Store” means a physical, Hot Topic-branded store location, and the “Hot Topic Website” means Hot Topic’s official e-commerce website, currently located at www.hottopic.com.

(b) Membership in the Program is open to legal residents of the United States and its territories (including Puerto Rico) and Canada (except in the province of Quebec) who are 16 years of age or older at the time of enrollment. By becoming an HT Rewards Program member, you represent to us that (i) you are 16 years of age or older; (ii) you have read and agree to these Terms and Conditions; and (iii) that you have read and agree to our Privacy Policy and Terms of Use.

(c) The Program and all membership benefits are offered at the sole discretion of Hot Topic. We may discontinue, terminate, or modify the Program, or any Program rules, benefits, or conditions, at any time and for any reason, with or without notice. Points and Rewards (as defined below) that you accumulate through the Program are not your personal property, are non-transferable (including to other Program members), have no cash or monetary value, and may not be exchanged or redeemed for cash.

II. Enrollment and Membership

(a) The HT Rewards Program is free to join. You can enroll in the Program either (i) at a Hot Topic Retail Store by providing your name, phone number, email address, birth date, and zip code as requested by a sales associate, or (ii) by signing up online at www.hottopic.com/joinnow. Once enrolled, you will become a “member” and be eligible to earn Points and Rewards in accordance with these Terms and Conditions.

(b) Whether you enroll at a Hot Topic retail store or online, all members must create an online account ("Online Account") at www.hottopic.com/joinnow by providing the required profile information. Your Online Account allows you to access important information about your membership, including your Points and Rewards. You are responsible for ensuring that the personal information in your Online Account is accurate and up to date. You may update your information at any time through your Online Account or by calling 1-800-892-8674. Hot Topic is not responsible for any inaccurate information provided by members when creating or using their Online Accounts.

(c) You are responsible for creating a secure, sufficiently complex password for your Online Account and for maintaining the confidentiality of that password. You may not share your password with anyone. If you believe your password has been compromised, you must update your password immediately.

(d) Members are limited to one (1) Program membership and one (1) Online Account. Memberships and Online Accounts may not be shared. If there is a dispute about who owns an Online Account, the account will be considered to belong to the authorized account holder of the email address used to create the Online Account. The “authorized account holder” means the person assigned to that email address by the internet service provider, online service provider, or other organization (such as a business or school) that manages email addresses for the domain.

III. Emails

(a) When you enroll in the Program, you are also consenting to receive transactional and promotional emails and updates from Hot Topic and its affiliates. You may not unsubscribe from transactional emails related to the Program; however, you may unsubscribe from promotional emails by clicking the unsubscribe link in the footer of the email or by sending an email to internetadministrator@hottopic.com with “Do Not Email” in the subject line.

IV. Earning Points

(a) Points are earned through either (1) Qualifying Purchases, or (2) Earning Activities, as those terms are defined below.

(1) “Qualifying Purchases” include regular and sale priced merchandise in Hot Topic Retail Stores and through the Hot Topic Website. Purchases using gift cards as a tender for payment will qualify to earn points. However, the following amounts and purchases will not count towards or qualify as Qualifying Purchases: (i) the amount of a purchase covered by the redemption of a Reward, Special Offer, or other Program coupon; (ii) purchases of gift cards; (iii) online purchases of gift boxes or gift wrapping services; and/or (iv) the amount paid for sales tax, state fees, shipping charges, delivery charges, or other excluded charges specified by Hot Topic from time to time.

(2) “Earning Activities” include events or activities outlined in the current chart here. Hot Topic reserves the right to update, change, or end these Earning Activities at any time and for any reason, with or without notice.

(b) Earning Points.

(1) To receive Points on a Qualifying Purchase at a Hot Topic Retail Store, you must self-identify as a member and provide your name, email address, or phone number associated with your Rewards account (each a "Membership Identifier") before completing a purchase. To receive Points on a Qualifying Purchase on the Hot Topic Website, you must log in to your Online Account prior to making the purchase. If you follow the above steps, you will receive one (1) Point for every $1 spent (in either U.S. or Canadian currency) on the Qualifying Purchase. Gold members will earn 1.2 points for every $1 spent on any Qualifying Purchase. Platinum members will earn 1.5 Points for every $1 spent on any Qualifying Purchase.

(2) To receive Points on an Earning Activity, you must follow the steps outlined in the chart in full. Hot Topic reserves the right to update, modify, alter, or change the criteria to earn Points for Earning Activities at any time and for any reason. All members will earn the same number of Points for each appliable Earning Activity, regardless of their membership level.

(c) Points earned will be rounded up to the nearest whole number. Points will be awarded based upon the currency used (either U.S. or Canadian dollars) for the Qualifying Purchase. For example, if you make a Qualifying Purchase from a Hot Topic Retail Store located in the United States using U.S. dollars, you will receive 1 Point (or 1.2 Points if you are a Gold member, or 1.5 Points if you are a Platinum member) for each U.S. dollar spent towards that Qualifying Purchase. If you make a Qualifying Purchase from a Hot Topic Retail Store located in Canada using Canadian dollars, you will receive 1 Point (or 1.2 Points if you are a Gold member, or 1.5 Points if you are a Platinum member) for each Canadian dollar spent towards that purchase.

(d) If you cancel or return merchandise from a Qualifying Purchase, the Points you earned attributable to that merchandise will be deducted from your Points balance. Negative Point balances never expire, but a member may move into a positive Point balance by making additional Qualifying Purchases, completing an Earning Activity, or participating in other announced activities that award Points.

(e) Your Points for a Qualifying Purchase or Earning Activity will be added to your Online Account within approximately five (5) calendar days. If you do not receive your Points within that time, please contact customer service at 1.800.892.8674.

(f) If you make a Qualifying Purchase and did not provide your Membership Identifier (during an in-store transaction) or log into your Online Account (for online purchases), you may request Point credit for the Qualifying Purchase within thirty (30) calendar days of the purchase by calling customer service at 1.800.892.8674. You must have your receipt from the Qualifying Purchase to request any Point credit, and must provide the transaction number located at the bottom of the purchase receipt. Once Hot Topic confirms that the purchase was a Qualifying Purchase and was not returned, the appropriate Points will be added to your account.

(g) Members are responsible for ensuring the accuracy of their Online Account and Points balance. Therefore, you are encouraged to log into your Online Account after each purchase or Earning Activity to check your Points balance. Hot Topic will not make adjustments to a Member's account after thirty (30) calendar days from a Qualifying Purchase (counted from the date on the receipt for retail store purchases, and the date the order is shipped and your payment card is charged for online purchases). Hot Topic will not make adjustments to a Member’s account if he or she failed to meet the criteria for an Earning Activity.

(h) Hot Topic may, from time to time and in Hot Topic's sole discretion, offer other ways for members to earn Points. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, limits, or exclusions. You may need to register to qualify for the offer. We may change or withdraw an offer at any time without notice.

(i) Hot Topic reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of the above means of earning Points and/or the number of Points earned for any activity, at any time, with or without notice.

(j) Members may not combine, transfer, or share Points or Rewards with other members. Members may not transfer, sell, or perform any other action in any manner in violation of attempted subversion of these Terms and Conditions. Any attempt to combine or transfer Points or Rewards will result in disqualification from the Program and forfeiture of all Points and Rewards. Hot Topic reserves the right to, in its sole discretion, take any other or additional action it deems appropriate if it believes that a member (or members) have violated this provision.

(k) Hot Topic's decisions regarding the awarding or termination of Points are final and binding. Points that are subsequently determined to be invalid for any reason are subject to termination and will be removed from a member’s account.

(l) If no purchases are made on your HT Rewards account for thirteen (13) consecutive months, all Points on your account will automatically expire.

V. Membership Levels

(a) The Program offers three (3) membership tiers based on the member’s Qualifying Purchases over a rolling twelve (12) month period: "Silver" status for members who have spent between $0 and $99.99 in Qualifying Purchases; “Gold” status for members who have spent between $100 and $299.99 in Qualifying Purchases; and "Platinum" status for members who have spent $300 or more in Qualifying Purchases. When you reach the spending threshold for Gold or Platinum, your status is upgraded and will last for twelve (12) months starting on that date. At the end of that twelve (12) month period, you will return to Silver status unless you again meet the Gold or Platinum spending thresholds during that period. If you requalify for Gold or Platinum during that twelve (12) month period, your status will be extended for another twelve (12) months, beginning on the anniversary of your original upgrade date.

VI. Rewards, Coupons, and Other Benefits

(a) Hot Topic will issue a $5 reward (each, a "Reward") for every 100 points earned by a member. For purposes of redemption, the Reward will be issued in the local currency of the country where your account is registered and can only be used for purchases made in that same currency. Rewards have no cash value and may not be exchanged or redeemed for cash.

(b) You will be notified by email, at the email address registered with your Online Account, each time you earn a Reward. To ensure you receive these emails, we recommend configuring your spam or junk mail settings to allow messages from Hot Topic. If you unsubscribe from Hot Topic promotional emails, you may not receive these notifications, so we recommend that you remain subscribed. Hot Topic is not responsible for any missed Reward notifications due to email filtering, blocking, unsubscribing from promotional emails, or any other issues beyond our control.

(c) Upon earning a Reward, Hot Topic will deduct 100 Points from your HT Rewards account.

(d) For transactions at a Hot Topic Retail Store, you may use as many Rewards as you wish, as long as they are not expired. For transactions on the Hot Topic Website, you may use up to ten (10) Rewards per transaction. Please note that a maximum of ten (10) total discounts, coupons, or promotions (including Rewards) may be applied to any single online transaction. If you apply other discounts, coupons, or promotions to an online transaction, they will reduce the number of Rewards you may use for that transaction.

(e) Hot Topic may offer members special offers each year for their birthday or their membership anniversary (“Special Offer”). Special Offers may include, for example, a coupon that can be used towards the purchase of Hot Topic products. Special Offers are non-transferable, have no cash value, and may not be exchanged for money. Hot Topic, in its sole discretion, determines all aspects of any Special Offer, including its form and substance, any usage restrictions, and whether to provide a Special Offer at all. If you receive a Special Offer, please review the accompanying instructions and any applicable restrictions carefully.

(f) Rewards, Special Offers, or other benefits may be issued through Rewards certificates. Rewards can be used in Hot Topic Retail Stores or on the Hot Topic Website. Rewards may also be used at Hot Topic outlet stores. To redeem your Reward at a Hot Topic Retail Store, you must self-identify as a member and provide your Membership Identifier before completing a purchase. To redeem your Reward on the Hot Topic Website, you must log in to your Online Account before completing the checkout process.

(g) Rewards cannot be used for gift cards, prior purchases, shipping and handling fees, taxes, or donations.

(h) For purchases in which Rewards are redeemed, the amount of the purchase covered by the Rewards will not count towards Points.

(i) NO PARTIAL REDEMPTION. Rewards must be redeemed in their full value. Rewards cannot be redeemed partially. If the price of merchandise you wish to purchase is more than the value of a Reward(s) used, you will need to pay for the remaining cost of the product. If the price of merchandise you wish to purchase is less than the value of the Reward(s) used, the remaining value of the Reward(s) will be forfeited and cannot be used towards a future purchase.

(j) NO REISSUANCE OF REWARDS, SPECIAL OFFERS, OR COUPONS UPON CANCELLATIONS OR RETURNS. If you use Rewards, a Special Offer, or any other Program coupon to purchase merchandise, and the order is later canceled or the merchandise returned, we will not return or reissue any Rewards, Special Offers, or coupons used for that purchase. Rewards, Special Offers, and coupons have no cash value and may be used only once. If the transaction required you to pay any amount beyond the value of the Reward, offer, or coupon, we will refund only the amount you actually paid toward the transaction, but you will not receive back the Reward, offer, or coupon used in the original purchase.

(k) EXPIRATION OF REWARDS, SPECIAL OFFERS, AND COUPONS. Rewards expire forty-five (45) days from their date of issuance, so be sure to use them promptly. For special Offers or other Program coupons, we will specify their expiration dates at the time they are issued, so please review the applicable terms and conditions carefully.

(l) Additional limitations and exclusions related to Rewards, Special Offers, or other coupons may be specified by Hot Topic, either on the offer itself, on our website, or otherwise. It is the Member’s responsibility to review and understand all applicable terms of use before redeeming any Reward, Special Offer, or coupon. Members may also be notified of additional eligible or ineligible merchandise at the time of redemption.

VII. Points and Rewards Have No Monetary or Cash Value

(a) YOU UNDERSTAND AND AGREE THAT, BY RECEIVING POINTS, REWARDS, SPECIAL OFFERS, OR ANY OTHER PROGRAM BENEFITS UNDER THE HT REWARDS PROGRAM, YOU ARE GRANTED ONLY A LIMITED, REVOCABLE, NON-TRANSFERABLE LICENSE TO USE THOSE ITEMS AS PRODUCTS OF HOT TOPIC SOLELY IN CONNECTION WITH THE PROGRAM. POINTS, REWARDS, AND SPECIAL OFFERS ARE NOT THE MEMBER’S PERSONAL PROPERTY, DO NOT CONSTITUTE LEGAL TENDER, HAVE NO MONETARY OR CASH VALUE, AND MAY NOT BE REDEEMED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, OR CONVERTED FOR CASH OR CREDIT IN ANY FORM. IF THE HT REWARDS PROGRAM IS CANCELLED, TERMINATED, OR OTHERWISE DISCONTINUED FOR ANY REASON, ALL OUTSTANDING POINTS, REWARDS, AND SPECIAL OFFERS WILL AUTOMATICALLY BE FORFEITED WITHOUT COMPENSATION OR LIABILITY AND WILL NO LONGER BE HONORED. POINTS, REWARDS, AND SPECIAL OFFERS MAY ALSO BE REVOKED, CANCELLED, ADJUSTED, OR MODIFIED AT ANY TIME, WITH OR WITHOUT NOTICE, AS PERMITTED BY THESE TERMS AND CONDITIONS OR AS OTHERWISE ALLOWED BY APPLICABLE LAW.

(b) To the extent allowed by applicable law, we may cancel any earned or outstanding Rewards, Points, or Special Offers if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.

VIII. Changes, Modifications, or Termination of Program

(a) Membership in the HT Rewards Program and all related benefits are offered at Hot Topic’s sole discretion. We may terminate, modify, limit, or change the Program, these Terms and Conditions, or any Program benefits at any time, for any reason, with or without notice. This includes, by way of example, changing the expiration dates of Points or Rewards, modifying the number of Points earned per dollar on Qualifying Purchases, or changing other Program features.

(b) If we are required to provide notice of any changes to the Program or these Terms and Conditions, we will provide the required notice in accordance with such laws. Notwithstanding the above, it is your responsibility as a member to periodically review the most current version of these Terms and Conditions at www.hottopic.com/customer-service/hot-topic-policies/hot-topic-rewards-terms-and-conditions/ . Your continued participation in the Program after any changes take effect means you accept the updated Terms and Conditions.

(c) We reserve the right, in our sole discretion, to terminate your account and participation in the Program in the event of actual or suspected: (i) fraud; (ii) abuse of Program privileges; (iii) sale or attempted sale of Points, Rewards, or Special Offers; (iv) transfer or attempted transfer of Points, Rewards, or Special Offers; (v) violation of these Terms and Conditions; (vi) illegal conduct, including any use of the Program or its benefits in violation of applicable law or regulation; or (vii) any other improper conduct, as determined by us in our discretion. Such conduct may also result in the forfeiture of all accumulated Points, Rewards, and Special Offers in your HT Rewards account, as well as the cancellation of any other Program benefits. At our discretion, and without limiting any other rights or remedies, we may prosecute fraudulent or unlawful, or take any other appropriate legal action, to the fullest extent permitted by law.

(d) These Terms and Conditions supersede all previously published terms and conditions about the Program in their entirety.

IX. Governing Law, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE RULES OF THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR HOT TOPIC WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

For purposes of this Section IX, “Hot Topic” shall include its subsidiaries, affiliates, agents, officers, directors, employees, predecessors in interest, successors, and assigns.

(a) Mandatory Notice of Dispute; Informal Dispute Resolution Process. If you and Hot Topic have a Dispute (as defined below), you and Hot Topic agree to attempt to resolve the Dispute informally according to the below procedure prior to initiating an arbitration proceeding. The statute of limitations on any applicable claims and any filing fee deadlines will be tolled during this informal dispute resolution process.

Before initiating an arbitration, you and Hot Topic each agree to first provide the other with a detailed written notice (“Notice of Dispute”). The Notice of Dispute must include (i) the name, telephone number, mailing address, and email address of the person or entity providing the notice; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought; and (iv) a good-faith calculation of the amount of money in dispute, if applicable.

If you provide a Notice of Dispute to Hot Topic, the Notice of Dispute must be mailed via first-class mail, FedEx or UPS to: Hot Topic, Inc., ATTN: Legal Department, 18305 San Jose Ave., City of Industry, CA 91748. Your Notice of Dispute must include your personal signature. If Hot Topic provides you a Notice of Dispute, Hot Topic will mail the notice via first-class mail, FedEx, or UPS to the billing address associated with your Account (the “Notice Address”). If Hot topic is unable to reach you at the Notice Address, it may provide you the Notice of Dispute via email at the email address associated with your Account.

If a party receives a Notice of Dispute, it may request a telephone settlement conference. If such a settlement conference is requested, you and a Hot Topic representative must personally appear and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate in the conference) to discuss the Dispute and potential resolution.

For a period of 60 days from the date of receipt of a complete Notice of Dispute, you and Hot Topic agree to make a good faith attempt to resolve the Dispute prior to commencing an arbitration under IX(b) of these Terms and Conditions. You and Hot Topic agree not to commence an arbitration proceeding until this 60-day informal dispute resolution period expires, which period may be extended by agreement of the parties. If an agreement cannot be reached within 60 days of receipt of the Notice of Dispute, you or Hot Topic may commence an arbitration proceeding, pursuant to the procedure outlined below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any demand for arbitration. You and Hot Topic agree that it is a material breach of these Terms and Conditions to initiate an arbitration proceeding without first completing this mandatory informal dispute resolution process.

If there is a dispute regarding the sufficiency of a Notice of Dispute or a party’s compliance with this mandatory informal dispute resolution process, such dispute may be decided by a court of competent jurisdiction at either party's election, and any arbitration proceeding shall be stayed pending resolution of the dispute. A court of competent jurisdiction shall have the authority to enforce the informal dispute resolution process as a condition precedent to arbitration and enjoin a party from filing or initiating an arbitration proceeding until such condition has been satisfied. You or Hot Topic may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

(b) ARBITRATION AGREEMENT. YOU AND HOT TOPIC AGREE THAT ANY CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND HOT TOPIC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM AND/OR OR ANY POINTS, REWARDS, COUPONS, OR OTHER PROGRAM BENEFITS EARNED OR OBTAINED THROUGH THE PROGRAM, AND/OR THESE TERMS AND CONDITIONS (INDIVIDUALLY A “DISPUTE” AND COLLECTIVELY "DISPUTES"), SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. THE SOLE EXCEPTIONS TO THIS ARBITRATION REQUIREMENT ARE THAT (I) YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY, AS LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS; (II) EACH PARTY MAY BRING SUIT IN COURT TO PROSECUTE OR ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY; AND (III) IN CERTAIN CIRCUMSTANCES, EITHER PARTY MAY ELECT TO PROCEED IN COURT RATHER THAN IN ARBITRATION IN THE EVENT OF A QUALIFYING MASS ARBITRATION, AS SET FORTH IN SECTION IX(C) BELOW. THE TERM “DISPUTE” SHALL BE INTERPRETED BROADLY TO INCLUDE ANY CLAIMS OR DISPUTES THAT AROSE PRIOR TO THESE TERMS AND CONDITIONS AND ANY CLAIMS OR DISPUTES THAT MAY ARISE AFTER TERMINATION OF THESE TERMS AND OUR RELATIONSHIP WITH YOU.

ALL DISPUTES SHALL BE DETERMINED BY BINDING ARBITRATION (1) ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), PURSUANT TO THE JAMS RULES APPLICABLE TO THE NATURE OF THE DISPUTE, INCLUDING THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES EFFECTIVE JUNE 1, 2021 (THE “JAMS RULES”), AS MODIFIED BY THIS AGREEMENT TO ARBITRATE; (2) CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR; AND (3) TO TAKE PLACE TELEPHONICALLY UNLESS AN IN-PERSON HEARING IS SPECIFICALLY REQUESTED BY EITHER PARTY. IF AN IN-PERSON HEARING IS REQUESTED, SUCH IN-PERSON HEARING SHALL TAKE PLACE AT A LOCATION THAT IS REASONABLY CONVENIENT TO YOU OR AT ANOTHER MUTUALLY AGREED-UPON LOCATION. YOU AND A HOT TOPIC REPRESENTATIVE SHALL PERSONALLY APPEAR (WITH COUNSEL IF YOU OR HOT TOPIC ARE REPRESENTED) AT AN INITIAL TELEPHONE OR VIDEO CONFERENCE WITH A CASE MANAGER BEFORE AN ARBITRATOR IS APPOINTED AND AT A HEARING IF ONE IS SCHEDULED BY THE ARBITRATOR. TO THE EXTENT THAT THIS AGREEMENT TO ARBITRATE CONFLICTS WITH THE JAMS POLICY ON CONSUMER ARBITRATIONS PURSUANT TO PRE-DISPUTE CLAUSES MINIMUM STANDARDS OF PROCEDURAL FAIRNESS (THE “MINIMUM STANDARDS”), THE MINIMUM STANDARD IN THAT REGARD WILL APPLY.

YOU AND HOT TOPIC AGREE THAT IT IS A MATERIAL BREACH OF THESE TERMS TO INITIATE OR SEEK TO INITIATE THE ARBITRATION WITH ANY ARBITRATION ORGANIZATION OTHER THAN JAMS. DISPUTES MAY BE REFERRED TO ANOTHER ARBITRATION ORGANIZATION IF YOU AND HOT TOPIC AGREE IN WRITING, OR TO AN ARBITRATOR APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.

The JAMS Rules, fee information, and instructions to initiate arbitration are available on the JAMS website at https://www.jamsadr.com/, or by calling JAMS at 800-352-5267. Information on the JAMS Streamlined Arbitration Rules & Procedures can be found at https://www.jamsadr.com/rules-streamlined-arbitration/. To commence an arbitration, a Demand for Arbitration is required to be executed and served on Hot Topic. Service of the Demand for Arbitration on Hot Topic can be mailed via first-class mail, FedEx or UPS to: Hot Topic, Inc., ATTN: Legal Department, 18305 San Jose Ave., City of Industry, CA, 91748. Service of the Demand for Arbitration on you will be sent to your Notice Address.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator may, however, award the same individual relief and damages as a court, including injunctive, declaratory, and statutory relief, and is required to adhere to the provisions of these Terms and Conditions. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO GIVE UP TO THE FULLEST EXTENT PERMITTED BY LAW: (I) YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH HOT TOPIC IN A COURT OF LAW OR BEFORE A JURY, AND (II) YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS OR COLLECTIVE ACTIONS.

Each party shall be responsible for its own attorneys’ fees and costs in arbitration, unless otherwise authorized or required by law or the JAMS Rules. A party shall also be entitled to recover its attorneys’ fees and costs in the event the arbitrator determines that a claim made against it was frivolous or brought for an improper purpose or in bad faith. The arbitrator shall have the same authority as a court to issue sanctions against a party and counsel under Federal Rule of Civil Procedure 11. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. Notwithstanding anything to the contrary, Hot Topic will pay all fees and costs that we are required by law to pay.

The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of this arbitration agreement or any of the provisions of this Section IX; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this arbitration agreement—all of which are for a court of competent jurisdiction to decide.

BECAUSE THE SITES PROVIDED TO YOU BY HOT TOPIC CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT (FAA) GOVERNS THE ARBITRABILITY OF ALL DISPUTES.

(c) SPECIAL ADDITIONAL PROCEDURES FOR MASS ARBITRATION. If twenty-five (25) or more claimants file the same or similar claims against Hot Topic using the same or coordinated counsel (“Mass Arbitration”), then your Dispute shall be subject to the additional procedures described in this Section IX(c). If your Dispute is part of a Mass Arbitration, you understand and agree that these procedures will govern your Dispute, and that the resolution of your claims may be delayed or may ultimately proceed in court according to the procedures set forth below.

The JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Procedures”) shall apply to any Mass Arbitration. The fees applicable to Mass Arbitrations will be assessed in accordance with the JAMS Mass Arbitration Procedures Fee Schedule (“Mass Arbitration Fee Schedule”). Both the JAMS Mass Arbitration Procedures and Mass Arbitration Fee Schedule can be found at https://www.jamsadr.com/mass-arbitration-procedures/ or by calling JAMS at 800-352-5267.

(i) Pre-Arbitration Notice. Before initiating any Mass Arbitration, each claimant in a Mass Arbitration, including you, must first submit an individual Notice of Dispute in compliance with the requirements of Section IX(a). This step is mandatory for every claimant before arbitration can proceed.

(ii) Initiating a Mass Arbitration. To initiate a Mass Arbitration, each claimant must comply with the filing requirements set forth in the JAMS Mass Arbitration Procedures. If requested, each claimant must also provide reasonable proof that they are parties to the arbitration agreement enclosed in their demand for arbitration. Neither party will be responsible for any arbitration-associated fees, including any applicable filing or initiation fees, until the notice and filing requirements are satisfied. If a Mass Arbitration is successfully initiated, both you and Hot Topic agree to follow the arbitration procedures described in this Section IX(c).

You and Hot Topic also agree that JAMS may consolidate your Dispute with others brought in the Mass Arbitration, as permitted by the JAMS Mass Arbitration Procedures. If JAMS decides to consolidate some or all of the claims, then both sides will be permitted to brief and argue legal or factual issues that apply to multiple claimants on a consolidated basis, and the arbitrator will be free to issue consolidated decisions that decide those issues as to multiple claimants. The decision to consolidate claims or adjudicate claims in separate proceedings will be made by JAMS in accordance with the JAMS Mass Arbitration Procedures.

In addition to the consolidation procedures, you and Hot Topic agree to the bellwether (or staged) process set forth below for resolving Disputes in the Mass Arbitration.

(iii) Bellwether Arbitration Process. The parties agree to resolve Disputes in stages using a bellwether process, as follows:

Counsel for the claimants and counsel for Hot Topic shall each select ten (10) Disputes (per side) to proceed first in arbitration proceedings. These initial twenty (20) Disputes (“Initial 20 Disputes”) will proceed first in individual or consolidated arbitration proceedings (as the case may be) under a single arbitrator. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed in connection with those Disputes until they are selected to proceed to arbitration proceedings as part of this staged process. The parties will meet and confer in good faith to arrange for a mutually convenient location or manner for the arbitration of these Initial 20 Disputes. Pre-hearing dispositive motions will be permitted. The arbitrator presiding over the Initial 20 Disputes will issue a separate, reasoned written decision for each Dispute.

After decisions have been issued in the Initial 20 Disputes, either side may request a global mediation within sixty (60) days. The global mediation will be a single mediation intended to resolve the remaining unresolved Disputes in the Mass Arbitration. If a global mediation is requested, the parties shall participate in good faith to try to resolve the remaining Disputes. Each claimant may elect to be represented by counsel at the mediation, provided that counsel has full settlement authority on behalf of that claimant. Hot Topic will bear the full cost of the mediator’s fees. The parties will attempt in good faith to select a mutually acceptable mediator. In the event the parties are unable to agree on a mediator, the mediator will be a retired state or federal judge selected by JAMS from its roster of mediators.

If the global mediation does not resolve the remaining Disputes, or if no mediation is requested, each side will select twenty (20) additional Disputes (per side) to proceed. If fewer than forty (40) Disputes remain, all remaining claims will proceed to arbitration. The arbitration of these Disputes (“Next 40 Disputes”) will follow the same process as the Initial 20 Disputes. One arbitrator will preside, and separate, reasoned decisions will be issued for each Dispute. The parties will again meet and confer to arrange for a mutually convenient hearing format or location. Pre-hearing dispositive motions will be permitted.

After decisions have been issued in the Next 40 Disputes, either side may request a second global mediation within sixty (60) days. The global mediation will be a single mediation intended to resolve the remaining unresolved Disputes in the Mass Arbitration. If a second global mediation is requested, the parties shall participate in good faith to try to resolve the remaining Disputes. Each claimant may elect to be represented by counsel at the mediation, provided that counsel has full settlement authority on behalf of that claimant. Hot Topic will bear the full cost of the mediator’s fees. The parties will attempt in good faith to select a mutually acceptable mediator. In the event the parties are unable to agree on a mediator, the mediator will be a retired state or federal judge selected by JAMS from its roster of mediators.

If the parties are unable to resolve the remaining Disputes in the second global mediation, or if no mediation is requested, then any remaining unresolved Disputes shall be opted out of arbitration and may proceed in a court of competent jurisdiction. Nothing in this Section IX(c)(iii) shall be construed to limit or waive Hot Topic’s right to remove any action from state court to federal court where permitted by applicable law.

If your Dispute is part of a Mass Arbitration, you acknowledge and agree that your case may be delayed as a result of the procedures outlined in this Section IX(c). However, any applicable statute of limitations shall be tolled for your claims from the time your Dispute is first submitted to JAMS until the time your Dispute is selected to proceed as part of this staged bellwether process, settled, withdrawn, opted out of arbitration and filed in court, or otherwise resolved.

(iv) Opt-Out of Arbitration. If your Dispute is part of a Mass Arbitration involving two hundred (200) or more verified claimants, either you or Hot Topic may elect to opt out of arbitration. If either party makes this election, your Dispute shall proceed exclusively in a court of competent jurisdiction rather than in arbitration. The parties expressly acknowledge and agree that an election to opt out of arbitration under this provision is binding on both parties and shall apply to all Disputes encompassed within the applicable Mass Arbitration. The parties further acknowledge and agree that these opt-out procedures are necessary to ensure the fair and timely resolution of Disputes, avoid unnecessarily long delays, and prevent overburdening the arbitration provider’s resources. Proceeding in court under these circumstances also promotes efficiency and protects the interests of all parties when arbitration is no longer a practical forum. Nothing in this Section IX(c)(iv) shall be construed to limit or waive Hot Topic’s right to remove any action from state court to federal court where permitted by applicable law. As used in this section, “verified claimants” means individuals who (i) have submitted a demand for arbitration based on their own actual dispute, and (ii) can demonstrate that they personally agreed to this arbitration agreement.

(v) Enforcement of These Mass Arbitration Terms. A court of competent jurisdiction shall have the authority to enforce the terms of this Section IX(c). This includes the authority to enjoin the filing or continued prosecution of arbitration demands against Hot Topic that do not comply with these procedures. The Mass Arbitration procedures set forth in this Section IX(c) are an essential part of this arbitration agreement. If, after the exhaustion of all appeals, a court determines that this Section IX(c) applies to your Dispute but is unenforceable, then the Mass Arbitration—including your Dispute and all other claims covered by the Mass Arbitration—shall not proceed in arbitration. Instead, your Dispute may only proceed in a court of competent jurisdiction and this arbitration agreement will be deemed not to apply.

(d) CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HOT TOPIC AGREE THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND HOT TOPIC AGREE NOT TO, AND EXPRESSLY WAIVE ANY RIGHT TO, FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. EXCEPT AS EXPRESSLY PERMITTED IN SECTION IX(c) FOR MASS ARBITRATIONS, NO ARBITRATION MAY BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES INVOLVED.

The arbitrator shall have no authority to hear or resolve any class, collective, or representative claim or otherwise combine proceedings, except as expressly provided in Section IX(c) for Mass Arbitrations. In that context only, the arbitrator may consolidate claims in accordance with procedures outlined in Section IX(c) and the applicable JAMS Mass Arbitration Procedures.

If a court determines, after all appeals are exhausted or the decision is otherwise final, that any of the prohibitions in this Section IX(d) on non-individualized relief, class or representative claims, or consolidation is unenforceable with respect to a particular claim or request for relief (such as a request for injunctive relief), then that specific claim or request may proceed in court. However, it shall be stayed pending completion of arbitration of all other claims and requests for relief. Specifically, and notwithstanding anything to the contrary in this Section IX, the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court shall be stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(e) If any portion of this mandatory informal dispute resolution process or arbitration agreement is found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then that portion shall be severed and have no force or effect, and the remainder of this Section IX shall continue in full force and effect. The foregoing severability rule does not apply to the prohibition on class, collective, or representative actions in Section IX(d). If the waiver of class, collective, or representative actions in Section IX(d) is found to be invalid or unenforceable, then the entire mandatory informal dispute resolution process, arbitration agreement, and class action waiver shall be null and void, and all Disputes shall proceed in a court of competent jurisdiction. The mandatory informal dispute resolution process, arbitration agreement, and class action waiver shall survive the termination of these Terms and Conditions.

X. Miscellaneous Terms

(a) The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. Individuals may also not combine Points for combined use.

(b) All questions or disputes regarding eligibility for the Program, earning or redemption of Points, Rewards, Special Offers, or other Program benefits, or a member's compliance with these Terms and Conditions will be resolved by Hot Topic in its sole discretion.

(c) Hot Topic does not warrant that administration of the Program will be uninterrupted or error free. Hot Topic is not responsible for any problems that may arise due to: (i) lost, interrupted, inaccessible or unavailable internet, networks, servers, satellites, Internet Service Providers, websites, or other internet connection, availability, or accessibility problems; (ii) technical issues or malfunctions of any kind, including hardware or software malfunctions, computer malfunctions, printing errors, or any malfunctions in the Hot Topic Website; (iii) any failures to deliver or receive communications of any kind; (iv) unauthorized human intervention in the Program or Hot Topic Website at any point, including any computer viruses, malicious software, or cyber-attacks that affect the administration of the Program; (v) any other errors of any kind, human or mechanical, in the administration of the Program, including any problems in the receipt of Points, Rewards, Special Offers or any other benefits of the Program; or (vi) damage to a user’s computer system occasioned by participation in this Program or downloading any information necessary to participate in this Program.

(d) Hot Topic's Privacy Policy will apply to and govern the collection and use of your personal information in connection with the Program. Please read the Privacy Policy before registering for the Program, which can be found at www.hottopic.com/customer-service/hot-topic-policies/privacy-policy/. By accepting these Terms and Conditions, you accept and agree to Hot Topic’s use of your personal information as provided in the Privacy Policy.

(e) RELEASE. Hot Topic, its parent and subsidiaries and affiliate entities, and their respective officers, directors, employees, and agents (the "Released Parties") make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program, membership in the Program, benefits of the program, or any products or services related to the Program. BY PARTICIPATING IN THE PROGRAM, YOU HEREBY RELEASE THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) RELATING TO YOUR PARTICIPATION IN THE PROGRAM, USE OF POINTS, REWARDS, COUPONS, OR OTHER PROGRAM BENEFITS, OR YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM AND/OR POINTS, REWARDS, PROGRAM COUPONS, OR OTHER BENEFITS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(f) Indemnification. By participating in the Program, you agree to indemnify, defend, and hold the Released Parties harmless from and against any and all damages, losses, liabilities, costs, and other expenses (including, without limitation, attorneys’ fees) incurred by the Released Parties in connection with any claim arising out of your breach of these Terms and Conditions, or any other fraudulent activity or abuse of the Program. Each Member will cooperate as fully as reasonably required in the defense of any claim. Hot Topic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Hot Topic.

(g) All Hot Topic intellectual property, including, but not limited to, trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans, and representations are owned by Hot Topic. All rights reserved. Unauthorized copying or use of any of Hot Topic’s intellectual property without the express written consent of Hot Topic is strictly prohibited.

(h) These Terms and Conditions constitute the entire agreement between you and Hot Topic pertaining to the HT Rewards Program, and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written with respect to the Program. These Terms and Conditions are not intended to modify or supersede any other agreements that may exist between you and Hot Topic. These Terms and Conditions do not modify, supersede, or replace any other agreements you may have with Hot Topic. In particular, Hot Topic’s Privacy Policy governs the collection and use of your personal information, and Hot Topic’s Terms of Use (https://www.hottopic.com/customer-service/hot-topic-policies/hot-topic-terms-of-use/) governs your use of Hot Topic’s products, services, websites, and applications. Nothing in these Terms and Conditions is intended to override or alter any portion of Hot Topic’s Privacy Policy or Terms of Use.

(i) No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

(j) If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

(k) We may assign our rights and obligations under the Program, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.