REWARD PROGRAM TERMS Last Revised on March 11, 2024
These Reward Program Terms (these “Terms”) are provided to Hypercard Credit Card account holders (“you” or “your”) by HypercardNetwork Inc. (“Company,” “we,” or “us”) and apply to you if you have been approved to participate in theHypercard Credit Card rewards program (“Rewards Program”). Acceptance or use of yourHypercard Credit Card or participation in the Rewards Program constitutes your acceptance of these Terms. These Terms supplement our general Terms of Use available at www.hypercard.com (the “General Terms”), which also apply to the Rewards Program. These Terms are incorporated by reference into, and form a part of, the General Terms. In the event of a conflict between the terms of these Terms and the General Terms, these Terms will supersede and control but only with respect to the Rewards Program and to the extent of the conflict. For the avoidance of doubt, the Rewards Program and related services will be considered part of the “Services” as defined under than the General Terms. All capitalized terms used but not defined in these Terms have their respective meanings as set forth in the General Terms.
SECTION 8 OF THE GENERAL TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH APPLY TO THE REWARDS PROGRAM. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE REWARDS PROGRAM AND THE COMPANY’S SERVICES OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FOR THIN THE GENERAL TERMS. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 8 OF THE GENERAL TERMS.POINTS ARE SUBJECT TO EXPIRATION AND CERTAIN OTHER LIMITATIONS AS SET FORTH IN THESE TERMS.
1. Overview. In connection with your acceptance and use of your Hypercard CreditCard, you may be eligible to participate in the Rewards Program, which mayallow you to use your Hypercard Credit Card for certain perks that we provideyou access to (“Perks”) and to earn and accrue points (“Points”) as described herein.
2. Perks.Perks your Hypercard Credit Card may be eligible for will be displayed to you via the Website or App. Certain Perks may require you to register your eligibleHypercard Credit Card for such Perk via the Website or App prior to your eligibility to claim, redeem or otherwise use such Perk. All offers made available to you are temporary and may become unavailable without notice. CertainPerks may require you to use your eligible Hypercard Credit Card from an eligible merchant during a specified period. Only a completed transaction prior to the end of such specified period will qualify for such Perks. If you satisfy the terms and conditions of a Perk that is eligible for a statement credit to yourHypercard Credit Card, it may take up to 90 days for such statement credit to be credited to your Hypercard Credit Card account. If it has been more than 90days since the transaction and the statement credit or other benefit related to the Perk is not reflected on your Hypercard Credit Card statement, please contact customer service. Perks may only be claimed, redeemed or used if you are in compliance with all terms and conditions of these Terms and the BankAgreements. Additional terms and conditions may apply to Perks, including the terms and conditions of the applicable merchant, and you are solely responsible for complying with such additional terms and conditions. If you are in violation of such additional terms and conditions, you may be ineligible to claim, redeem, use or otherwise benefit from the Perk, and your access to such Perk may be terminated. Unless we expressly state otherwise in the terms and conditions of Perks, the following transactions do not qualify for you to claim, redeem or otherwise use a Perk: (i) transactions processed manually or using a paper based process, (ii) purchasing an otherwise eligible merchant’s goods through a third party, (iii) transactions where the merchant does not pass on the information we need to process it properly within the offer period, (iv) transactions where you buy a gift card, store credit or a voucher, (v) transactions that are subsequently refunded or cancelled, and(vi) any other purchases that are not considered Eligible Purchases(collectively, “Excluded Transactions”).We are only responsible for posting any statement credit to your account based on the data we receive from merchants and our third-party service providers.
3. Earning Points. You may earn and accrue Points that you can redeem for cash back rewards in the form of a statement credit to yourHypercard Credit Card or other rewards we may make available to you from time to time (each such rewards, “Rewards”)on eligible purchases of goods and services (minus returns and refunds)(“purchases”) made with your Hypercard Credit Card by you or an authorized user and charged to your Hypercard Credit Card (“Eligible Purchases”). Buying products and services with yourHypercard Credit Card, in most cases, will count as a purchase; however, a number of transactions will not count (see below for a list of exclusions). We will post earned Points to your Rewards account (“Rewards Account”). You will earn 2 Points for each US dollar spent on Eligible Purchases, and you will earn3 Points for each US dollar spent on Expense Management Purchases. “Expense Management Purchases” are EligiblePurchases that you designate as a reimbursable expense by your employer and for which your employer agrees to reimburse you or us for. We reserve the right, in our sole discretion and at any time (including after Points have been accrued or a transaction processed), to determine whether or not a purchase qualifies as an Eligible Purchase or an Expense Management Purchase (or neither). We may adjust the amount of Points you accrue based on our determination. For instance, if we treat a transaction as an Expense Management Purchase and grant you 3 Points per each US dollar spent for such Expense Management Purchase but later determine the transaction was not an Expense Management Purchase and was instead an Eligible Purchase only, we may reduce the amount of Points to equal 2 Points for each US dollar spent on such transaction. In addition, you may earn Points as may be authorized by us from time-to-time for special programs, promotions or transactions that may be offered for limited time periods and for which additional terms and conditions may apply. The following transactions are not considered Eligible Purchases and do not earnPoints: Cash advances, purchases of cash equivalents of any kind or cash-like transactions, rewards redemptions applied to your Hypercard Credit Card, travelers checks, money orders or wire transfers, balance transfers, convenience check amounts, purchases we believe to have been made by or for a non-consumer purpose (except in the case of Expense Management Purchases), foreign transactions, Hypercard Credit Card fees, interest charges, fees of any kind, including any annual fee, if applicable, ATM transactions, cash withdrawals or cash back transactions, credit insurance, gambling fees, lottery tickets, gaming chips, race track wagers or similar betting transactions, any access checks that access the Hypercard Credit Card account, credit protection, debt cancellation charges, unauthorized or fraudulent transactions. Merchants who accept credit cards are assigned a merchant code, which is determined by the merchant or its processor in accordance with procedures based on the kinds of products and services they primarily sell. We group similar merchant codes into categories for purposes of making rewards offers to you. If a merchant is not an eligible merchant, as determined by us, you will not earn Points based on any transaction with such merchant.
All Points received are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes. Additionally, purchases made through third parties, including online marketplaces and resellers, or using a third-party payment account will not be eligible for accruingPoints. Questions concerning EligiblePurchases and what constitutes Eligible Purchases will be determined in our sole discretion. If you're turn, charge back, cancel, dispute, or otherwise request a refund for anEligible Purchase for which you have already received Points, we reserve the right to remove any related Points amount from your Rewards Account or withhold future Points to cover any such amount. All offers made available to you are temporary and may become unavailable without notice. ThePoints you earn will be credited to your Rewards Account at the time yourHypercard Credit Card statement is closed. If you fail to repay all amounts owing on or prior to the payment due date set forth on your Hypercard Credit Card or are in default under your Bank Agreements or the General Terms, as determined by us, you will not receive Points for such period. We encourage you to frequently review yourRewards Account, accessible through the Website or App. Once posted to your Rewards Account, thesePoints are available to you should you choose to redeem them. There is no limit on the number of Points you can earn each year. Points related to your active Hypercard Credit Card account do not expire. However, you cannot earn Points or redeem Rewards during any period in which your Hypercard Credit Card is not open, or is lost, stolen, revoked or closed or if you are otherwise in breach of any term in these Terms or the Bank Agreements. If it has been more than thirty (30) days since the transaction and Points are not reflected on your Rewards Account summary, please contact customer service. Inquiries must be made within one-hundred eighty (180) days of the transaction. If you do not file your claim within one-hundred eighty (180) days, Points earned or otherwise applied to your Rewards Account will be deemed accurate and you will have waived any claim for adjustment.NoPoints will be retroactively applied to your Rewards Account for otherwise qualifying transactions occurring during any period in which your HypercardCredit Card was not open, was lost, stolen, revoked or closed or was otherwise in default of the Bank Agreements or these Terms, or when you were not enrolled into this Rewards Program. All transactions in U.S. Dollars for which Points are awarded to you will be rounded to the nearest cent for purposes of determining the amount of Points to be awarded.
You will automatically begin earning Points upon opening Rewards Account and enrolling in the Rewards Program, subject to the Company’s approval of such enrollment request (which may be communicated to you in the form of enrollment into the Rewards Program). To be eligible for enrollment in the RewardsProgram, you must be in compliance with all terms and conditions of these Terms and the Bank Agreements, you must not have engaged in fraudulent activity on any service or product we may offer or service and neither we nor Bank have taken any action to close your Hypercard Credit Card or any other account you may have with us or Bank. You may notify the Company that you want to withdraw from the Rewards Program at any time. Any such withdrawal will result in the forfeiture of your Points and any unused Perks. RewardsAccount statements will be made available through the Website. Individual transactions forming the basis for awarding Points will not be shown on your Hypercard Credit Card statement or your Rewards Account statement. The frequency, timing, content or layout of the Rewards Account statements are subject to change from time-to-time at the discretion of the Company. Points and Rewards cannot be combined with other discount or reward programs unless specifically authorized by us.
4. Redeeming Points. You may redeem any Points credited to theRewards Account for Rewards by clicking the “Redeem” button on the RewardsProgram dashboard for your Rewards Account accessible via the Website or App orby calling us at 1-866-535-2977. When you use Points to Redeem for a Reward, each Point is worth $0.005. We may notify you from time to time of minimum amounts of Points needed to redeem for a Reward. Redemptions are subject to the requirements and terms and conditions contained herein. Your Points will not be available for redemption until posted to your Rewards Account regardless of the date of the transaction for which Points are earned. Your Points may only be redeemed for Rewards if you are in compliance with all terms and conditions of these Terms and the Bank Agreements, in each case, at the time of any Points redemption for Rewards and you owe us no payment under these Terms and the Bank Agreements. Points earned in connection with any authorized user will be consolidated and reported in a single RewardsAccount. Consolidation of Points into one Rewards Account will be based upon the person, as determined by us, identified by name and social security number as the primary accountholder on each Hypercard Credit Card. Points may only be redeemed for cash back Rewards in the form of a statement credit to your Hypercard Credit Card. Reward redemptions will generally be credited to amounts you owe us under thisAgreement within two (2) business days of your redemption. If you do not receive your redemption within the above-specified timeframes, please contact us via the Website or App. If your Points balance is negative, we will apply any Points that you subsequently earn to your balance, and no Points will be redeemed for Rewards until your balance becomes positive.
5. Restrictions; Cancellation; Forfeiture. Notwithstanding anything herein to the contrary, we may temporarily or permanently suspend your participation in theRewards Program as well as any Perks, Points or any redemption of Points forRewards if: (1) you violate, or you or your Hypercard Credit Card is in default under these Terms or the BankAgreements; (2) you engage in any fraudulent or other illegal activity in connection with the Rewards Program, or otherwise engage in activity that we deem to be abusive or “gaming” conduct under the Rewards Program, as determined in our sole discretion; (3) you engage in fraudulent activity on any service or product we may offer or service; (4) we or our bank partner close yourHypercard Credit Card for any reason; or (5) we or you terminate your participation in the Rewards Program.
6. Miscellaneous.
6.1 Redemptions and any Perks, Points or Rewards you receive may qualify as taxable income to you. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Rewards Program. We are not responsible for (i) determining whether you owe taxes in connection with your participation in the Rewards Program or redemption or use of Perks, Points or Rewards or (ii) for collecting, reporting, or remitting taxes arising from your participation in the Rewards Program or redemption or use of Perks, Points or Rewards.
6.2 You represent and warrant that you will not access or use the Rewards Program to engage in any illegal, fraudulent, or other illicit activity. The RewardsProgram is owned and administered by us, and your participation in the Rewards Program is subject to all applicable laws and regulations. The Rewards Program is void where prohibited by applicable laws and regulations.
6.3 Points and Perks are not your property and may not be assigned or transferred to any person (including upon death or as a part of a domestic relations matter). Points neither have cash value, surrender value, transfer value nor any other value of any kind until and to the extent they are actually redeemed for Rewards. Points cannot be used to offset any amount due from you to us or any bank partner; provided that, subject to these Terms, you may redeem Points for Rewards in the form of a statement credit to yourHypercard Credit Card. Points used by you for redemption will be those unredeemed Points that have been on theRewards Account the longest time. All redemptions are final. The sale or barter of any Points, other than by us, is expressly prohibited.
6.4 We may terminate your participation in the Rewards Program at any time. We may end this Rewards Program at any time for any reason or no reason, upon notice to you. We may temporarily or permanently disqualify you from participating in the Rewards Program and/or adjust or cause to be forfeited any or all Points or Rewards accrued as a result of your abusive behavior, fraud, misrepresentation, any violation of law or any other violation of any of the terms or conditions of this Agreement, in each case as determined by us in our sole discretion. Notwithstanding anything to the contrary, we may temporarily prohibit you from earning Points, using Points you’ve already earned, or using any features of the RewardsProgram. We may, in our sole discretion, cancel, change, amend, modify, or restrict the Rewards Program or any aspects, terms or features of the Rewards Program.
6.5 If we do not credit or improperly deny Perks, Points, or a Rewards redemption to which you were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied Perks, Points orRewards redemption, if available, or such other alternative benefit as we in our sole discretion may determine. Neither we nor any of our affiliates, agents or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law.
Reward Program Terms
Updated – 05/11/2024