These Terms and Conditions are subject to the Jury Trial Waiver and Arbitration Provision in your Cardmember Credit Card Account Agreement
Read these Terms and Conditions (and any amendments and supplements) carefully and keep them in a safe place for your future reference
The myChoicemyRewards Program ("Program") allows you to earn ("Points") when you use your Comenity Capital Bank Card ("Card") to make purchases. You can then redeem those points at the Program website for your Card ("Program Website"). Points can be redeemed for merchandise, travel, event tickets, activities, gift cards, and much more ("Rewards") based on the eligibility requirements described in these Terms and Conditions. The Program Websites are set forth at the end of these Terms and Conditions. You can obtain Program information, including the current version of these Terms and Conditions and certain additional detailed procedures and requirements relating to the operation of the Program and the redemption of Rewards ("Fulfillment Procedures") at your Program Website. There is no additional cost to you to participate in the Program, but to earn points from participating retailer offers and to redeem Rewards you must register online at your Program Website. By participating in the Program, you agree to be bound by these Terms and Conditions and any specific eligibility requirements applicable to individual participating retailer offers. These Terms and Conditions are separate and independent from your Cardmember Credit Card Account Agreement("Agreement"), which governs the use of your Card, but all terms defined in the Agreement and not otherwise defined in these Terms and Conditions have the same meaning as they have in the Agreement. In the event of any conflict between these Terms and Conditions and your Agreement, these Terms and Conditions will control in any matter relating to the Program. FROM TIME TO TIME WE MAY CHANGE THE PROGRAM, THESE TERMS AND CONDITIONS, AND THE FULFILLMENT PROCEDURES IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING ANY APPLICABLE NOTICE REQUIREMENTS.
Eligibility Requirements. You are eligible to earn points in the Program as described in Sections 2 and 3 below, if your Account is open and not more than two payments past due. If your use of your Account is restricted or your Account is closed or more than two payments past due, you will not be able to earn points. You are eligible to redeem points for a Reward as described in Section 5 below, if your Account is open and not more than one payment past due or overlimit. If your Account is closed or more than one payment past due or overlimit, you will not be able to redeem points. In addition, you will not be eligible to earn or redeem points if you (or any joint Account Holder on your Account) have filed for bankruptcy.
Earning Base Points. You will earn one point ("Base point") for each dollar you (or any authorized user) spend with your Card to make a purchase, rounded to the nearest whole number, but you will not earn any points for access checks, balance transfers, cash advances, or fees and interest charged by us to your Account. Base points will be posted to your points balance on your Program Website on the day after the purchase is posted to your Account and will be available for redemption at that time.
Earning Participating Retailer Points. You (or any authorized user) may use your Card to earn additional points by shopping in the stores of retailers participating in the Program ("Participating Retailers") or by shopping online at Participating Retailers through your Program Website. The number of points you will earn by using your Card to make purchases at Participating Retailers ("Participating Retailer points") will be determined in accordance with the terms and conditions of each Participating Retailer's Offer ("Offer"), so please check those terms and conditions carefully, as some Offers may require activation. Certain Participating Retailers may not accept certain credit cards, may have blackout periods when points are not offered, may limit the number of points, may limit the amounts of points you can earn from them, or may not offer points on certain types of transactions (for example, the purchase of gift cards). Participating Retailer points are not available in connection with: (a) purchases made at Participating Retailers not participating in the Program at the time of the transaction; (b) the cash-back portion of any purchase; (c) the amount of tax paid on some online purchases; (d) ATM transactions; (e) online merchant transactions that are not purchased through your Program Website; or (f) any transaction violating any federal, state or local law.
The lists of Participating Retailers and individual Offers are subject to change without notice. Before making a purchase, you should review the details of the Program, including the list of Participating Retailers, specific Offers and eligibility requirements for such Offers, which are available on your Program Website. Some Participating Retailer's Offers may allow you to earn points for online purchases only. For online-only Participating Retailer Offers, you will only be entitled to earn points for purchases you make through the designated merchant link on your Program Website.
You must complete the online registration process in order to obtain a list of Participating Retailers and current Offers available at each Participating Retailer.
Participating Retailer points will not be available for redemption until reflected in your points balance on your Program Website. Points earned by shopping in the stores of Participating Retailers may not be posted to your balance until 2-5 days after the transaction. Points earned by shopping online at Participating Retailers may not be posted to your balance until up to 30 days after the transaction. Participating Retailer points are rounded to the nearest whole number.
Calculating Points. Points have no cash or other value, except to obtain Rewards or as described in Sections 2 and 3, and may not be used to make payments on any loan or other account with us.
Returns, cancellations, charge backs and exchanges of merchandise, services and other items will reduce your points balance by the points that would have been earned for the dollar amount of each such return, cancellation, charge back or exchange. Points earned from a transaction that you dispute or claim was unauthorized will remain in your points balance until the dispute or claim is resolved. If the amount of the disputed or unauthorized transaction is credited to your Account, the points that would have been earned for that amount will be deducted from your points balance. Any adjustments made to your points balance as described in this Section 4 will reduce your points balance as of the same day in which such return, cancellation, charge back, exchange or credit is posted to your Account. Such adjustments may result in a negative points balance, in which case, any points you earn will be applied to reduce that balance and you will not be able to redeem points until you again have a positive points balance.
Points redeemed for merchandise, services or other items that are subsequently returned, cancelled or exchanged will be added back to your points balance. To earn Participating Retailer points on exchanges of merchandise, services, or other items, you must return the originally purchased item and then purchase the new item in accordance with the terms of the Participating Retailer Offer.
Redeeming Points. To redeem your points to get a Reward, go to your Program Website and click on "Redeem Now." Points will be redeemed on a "first in, first out" basis, such that the first points earned will be the first points redeemed. Rewards are subject to availability and have no cash value. Once a redemption order is placed, your points balance will be reduced by the number of points used to obtain the Reward. If you order a Reward that is subsequently cancelled or otherwise becomes unavailable after the order is placed (and there is no substitute Reward available), the points applied to that Reward will be added back to your points balance.
In the event of a return, cancellation, charge back, exchange or other adjustment that results in insufficient points for the Reward ordered, the Reward order may not be fulfilled. If the Reward order is fulfilled and we later discover that you did not have sufficient points for that Reward in your points balance, in addition to any other action we may take, future points earnings will be applied to that Reward until such time as sufficient points are earned to cover the redemption of the Reward.
Each Reward will be subject to the terms and conditions specific to the corresponding Offer. These terms and conditions may address such matters as the expiration date of the Reward; anticipated shipping time for the Reward; the purchase or other requirements to obtain or use the Reward; warranties for the Reward; or any other limitations or restrictions on obtaining, retaining or using the Reward.
If your points balance is insufficient to obtain a desired Reward, we may at our option allow you to purchase points at the time of redemption. For example, if your point balance is 9,000 and the Reward you want costs 10,000 points, we may allow you to purchase 1,000 points at the time of redemption.
For a current list and description of Rewards as well as the number of points necessary to obtain each Reward, go to your Program Website and click on "Redeem Now."
Point Expiration and Forfeiture. All points will expire thirty-six (36) months after the last day of the billing cycle in which they are first reflected in your points balance. Once points expire, they may not be redeemed. You will also forfeit your unused and unexpired points if you attempt to violate the prohibitions on the transfer of points in Section 16 below, if you cancel your participation in the Program, if you (or any joint Account Holder on your Account) file for bankruptcy, or if we or you (or any joint Account holder on your Account) close your Card Account, for any reason. You will not be entitled to and shall not receive any compensation from us for your points that expire or that are forfeited.
- Communications. We may communicate with you regarding any matter related to the Program by mail, telephone, or electronic communication. You may update your contact information for the Program at your Program Website.
By registering to earn points from Offers or to redeem Rewards, you agree to receive monthly Program email bulletins, which alert you to new offers, special deals, and other information. To unsubscribe, go to your Program Website and under "Preferences" click "No, I do not want to subscribe to Rewards communications." To re-subscribe to receive such bulletins, go to your Program Website and under "Preferences" click "Yes, send me updates on Rewards, including communications on new and special offers." You may unsubscribe from or re-subscribe to these emails at any time. It may take up to ten (10) business days for any such request to be processed.
Program Activity. You can view your Program activity at your Program Website, which will show the number of unused and unexpired points in your points balance and any redemption activity. You can also call us at 1-888-497-4450 for such information and to find out whether you earned points from a particular transaction.
Customer Service. If you want to know whether a Reward was properly redeemed, want to know the status of a redemption order, or want to ask any other question regarding the Program, call us at 1-855-889-6279.
Your billing rights and the special rights that apply when you are dissatisfied with your Card purchases, which rights are set forth in your Agreement, do not apply to the Program. If you believe that a purchase made with your Card should have resulted in the addition of points to your accumulated points balance, and such points are not reflected in the accumulated points balance within thirty (30) days of the date on which the purchase posted to your Account ("points Dispute"), notify us immediately. We will use reasonable efforts to investigate your points Dispute so long as you notify us of such dispute within ninety (90) days of the posting date of such purchase. If you do not notify us within such ninety (90)-day period, you will have waived your right to make a points Dispute with respect to that purchase. In order for us to undertake an investigation of your points Dispute, we may require you to provide written confirmation of the dispute. If we do not receive the requested written confirmation at the address and within the time requested by us, we may in our sole discretion determine not to investigate your points Dispute. Upon completion of our investigation of your points Dispute, we will have no further responsibilities should you later reassert the same points Dispute.
All disputes related to the Program are subject to the Jury Trial Waiver and Arbitration Provision in your Agreement.
Limited Liability. We may waive any obligation you have under these Terms and Conditions without losing our right at a later time to enforce that same obligation. We will not lose any of our rights under these Terms and Conditions if we delay taking action for any reason. If we take any other action, we will not lose any rights under these Terms and Conditions.
Unless otherwise required by law or our agreements with you, neither we, the Program administrator (Affinity Solutions, Inc.) nor any Participating Retailer nor any of our or their affiliates, officers, directors, employees, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or temporary suspension of the Program; (b) any claim relating to products, services, or other items of any Participating Retailer, whether or not arising out of the Program; (c) any loss, damage, expense, injury or inconvenience caused by any occurrence outside of our control; (d) any content, products or service appearing on a website to which we provide a link from your Program Website; or (e) any taxes that you incur as a result of receiving or redeeming points. Participating Retailers are solely responsible for the points earned through their Offers. Notwithstanding the foregoing, any liability that we may have to you in connection with the Program shall be limited to the amount of any Points you have earned in accordance with these Terms and Conditions.
No Warranties. We do not: (a) endorse any Participating Retailers; (b) make any express or implied warranty regarding any Participating Retailer's goods or services; (c) assume responsibility for any Participating Retailer's obligation to you, including any obligation for any points advertised or offered by the Participating Retailer; (d) guarantee the performance of any Participating Retailer under the Program; or (e) operate or control the products, services, or points offered by Participating Retailers. Participating Retailers are solely responsible for the points earned through their Offers.
Changes to the Program. Subject to any notice requirements and other limitations imposed by applicable law, we may, at any time: (a) change, limit, or terminate any aspect of the Program, these Terms and Conditions, and/or the Fulfillment Procedures, including the types of Rewards available, the items available as Rewards, and the cost of Rewards; (b) terminate the Program in its entirety; (c) amend these Terms and Conditions in whole or in part, including adding provisions not previously covering subjects not previously addressed; (d) discontinue or replace any Rewards with similar Rewards or Rewards of lesser, equal or greater value; (e) add or increase fees charged in connection with the Program; or (f) terminate your participation in the Program for any reason. Changes may apply retroactively and may affect outstanding transactions and points, and may include, without limitation, the earnings rate for points, the number of points required to obtain specified Rewards, the type of transactions qualifying for points, the type or value of Rewards, the expiration date of points, and the maximum number of points that may be earned per billing cycle or year. Any of the foregoing actions may be taken even if such actions affect the value of points already earned.
Cancelling Program Participation. You may cancel your participation in the Program at any time by calling us at 1-888-497-4450.We may cancel your participation in the Program at any time, for any reason and without advance notice to you. If you or we cancel your participation in the Program, you will no longer earn points and, as previously noted, you will forfeit your unused and unexpired points.
Lost, Stolen or Damaged Cards. You will not lose your unused and unexpired points if your Card is lost, stolen or damaged and we provide a replacement Card, even if such replacement Card has a different account number. However, if your Card is reported as lost, stolen, or damaged you will not earn points until we provide a replacement Card.
Program Void Where Prohibited By Law. The Program and each Reward offered with the Program is void where prohibited by law.
Privacy. All information collected about you in connection with the Program is subject to our privacy policy, which can be obtained at the MyCreditCardCenter website, www.mycreditcardcenter.com.
Not Transferable. Points are not your property and are not transferable to anyone by operation of law or otherwise. Points may not be transferred between accounts issued by us, may not be transferred upon death or as part of any domestic relations legal proceedings, and may not be brokered, bartered, sold or transferred in any way. Any attempted transaction of such sort will automatically be void. Anyone selling, purchasing, brokering, bartering, transferring, or altering points, either wholly or partially, shall be liable for payment of the applicable full retail price of any goods or services obtained with them, as well as all damages, including, but not limited to consequential damages, transaction costs, and litigation costs (including attorney's fees and costs at trial and on appeal and in any bankruptcy proceeding). Any brokered, bartered, altered, sold, or purchased points shall likewise be void and may be deducted from your points balance. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused points. This Section 16 does not prohibit you from purchasing and using points at the time of redemption as described in Section 5 above.
Taxes. You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of points. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.
Severability. If any provision of these terms and conditions is deemed to be void or unenforceable by a court of competent jurisdiction or any governmental agency, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Terms and Conditions. However, all other provisions will remain in full force and effect.
Governing Law. The Program and these Terms and Conditions are governed by federal law and, to the extent state law applies, the laws of the State of Utah, without any reference to its choice of law provisions.
Fulfillment Procedures. The Fulfillment Procedures are posted on your Program Website and will be mailed to you upon request. The Fulfillment Procedures address the following matters, among others: (1) merchandise Reward policies and processes (including merchandise returns, merchandise deliveries, in-store pick-ups, cancellations, and exchanges); (2) travel Reward polices and processes; and (3) ticket and gift card Reward policies and processes. In the event of any conflict between these Terms and Conditions and the Fulfillment Procedures, these Terms and Conditions will control. The Fulfillment Procedures change periodically and the most up-to-date version can be found at your Program Website.
Waivers. We can delay enforcing our rights under these Terms and Conditions without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.
Program Websites
Visa(R) Signature and World MasterCard(R) Credit Cards:
https://mychoicemyrewards.rewardschoices.com
Visa(R) Platinum Consumer, Platinum MasterCard(R), Visa(R) Business and MasterCard(R) Business Credit Cards:
https://mychoicemyrewardsplatinum.rewardschoices.com
The Cardholder Services Credit Card is issued by Comenity Capital Bank, which is located in Salt Lake City, Utah.