BBVA Compass Bonus FreeMonee™ Program –
Terms & Conditions
Last Modified: October 23, 2013
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (this "Agreement"). BY PARTICIPATING IN THE BBVA COMPASS BONUS FREEMONEE™ PROGRAM (the "Program"), YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH COMPASS BANK ("Compass", "we" or "us"). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE PROGRAM. FREEMONEE™ OFFERS ("Offers") ARE PROVIDED ONLY TO ELIGIBLE CARDHODLERS (AS DEFINED IN THIS AGREEMENT), WHO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND PARTICIPATE IN OR HAVE REGISTERED FOR THE PROGRAM. OFFERS ARE PROVIDED ON THE TERMS DISPLAYED IN CONJUNCTION WITH A SPECIFIC OFFER ("Offer Terms").
A. Eligibility and Registration
- Eligibility. To participate in the Program or to redeem an Offer delivered or displayed to you through the Program, you must have the power, authority and capacity to enter into this Agreement and be a valid holder of an Eligible Card (as defined below). In addition, you must meet any additional eligibility requirements contained in the Offer Terms. Subject to such eligibility requirements, an "Eligible Card" is a valid check card or credit card issued in the U.S. by Compass. The Eligible Card must be active and not in default for you to be eligible for the Offers. A cardholder of an Eligible Card that participates in the Program or, if required, has registered for the Program, and that satisfies all the preceding requirements, as well as any contained in the Offer Terms, is referred to as an "Eligible Cardholder". If your Eligible Card account is closed for any reason prior to the crediting of any redeemed Offers, or if your Eligible Card account is otherwise not in good standing or unable to receive Offer credits, such credit will be forfeited in its entirety, and neither we, FreeMonee, nor the participating Merchant shall have any liability to you as a result thereof.
- Participation and Registration. Eligible Cards will be automatically enrolled in the Program. We do not charge any fees to participate in the Program or accept an Offer. The Offers are funded by certain merchants as an incentive for you to shop with such merchants. You must make a purchase with the applicable merchant in order to receive the Offer Credit as set forth in Section B (How the Program Works). To participate in the Program, you must receive certain marketing email communications from us, or from our third party Program partner, FreeMonee Network, Inc. ("FreeMonee"). If we provide an opportunity for you to register for the Program, you must provide a valid email address or, if applicable and as available, a mobile phone number for a device capable of receiving SMS text messages. All Offer notifications are delivered via email or, if applicable and as available, text message, as indicated at the time of registration. Additionally, you must agree to the terms and conditions of this Agreement. If you have any problems with your registration, please contact Customer Service at 1-800-266-7277 for check cards or 1-800-239-5175 for credit cards.
- Cancelling Your Participation in the Program. Compass reserves the right to interrupt, restrict, disqualify or terminate your eligibility to participate in the Program or receive the Offers without cause and without notice to you. You may choose to stop receiving Offer notifications and all other marketing communications from Compass by contacting Customer Service at 1-800-266-7277 for check cards or 1-800-239-5175 for credit cards. You may choose to stop receiving Offer notifications by clicking on the "unsubscribe" link at the bottom of the Offer notification email or by replying "STOP" to an Offer notification via text message.
B. How the Program Works
If you are an Eligible Cardholder, you are eligible to begin receiving Offers through the Program. Offers are monetary incentives, that are credited directly to an Eligible Cardholder's account upon meeting the requirements for usage (the "Usage Requirements") as set forth below. Offers may include coupons, discounts, rebates, or other promotional offers.
Offers are assigned to a specific Eligible Card and can be redeemed only on the assigned Eligible Card. New Offers are typically assigned at a frequency of every 1-3 weeks, but may be assigned more or less frequently. Neither Compass nor FreeMonee can guarantee the assignment of Offers or their frequency to any specific Eligible Card, or the type of Offer that may be assigned to a specific Eligible Card.
When a new Offer is assigned to your Eligible Card, you will be notified by email to the email address you provided, or if applicable and as available, by text to your mobile phone number you provided. This email or mobile phone notification (an "Offer Notification") will include information about which Eligible Card has received the Offer, the amount of the Offer (the "Offer Amount"), the Merchant where the Offer may be used (the "Merchant"), and the date(s) during which the Offer is valid.
To qualify to receive a credit for eligible Offer Amounts, in the form of an account credit (an "Offer Credit"), you must first meet all of the following four conditions that comprise the "Usage Requirements":
- i. You must activate the Offer as instructed in the Offer Notification;
- ii. You must shop at the Merchant specified in your Offer Notification;
- iii. You must pay for the purchase using the Eligible Card specified by the Offer Notification; and
- iv. The purchase must satisfy the Offer Terms and take place within the valid date(s) specified by the Offer Notification.
Purchases made outside of the valid dates indicated are not eligible to receive the Offer Credit. Offers are not transferable. Offers must be used on the specified Eligible Card and at the specified Merchant. To redeem an Offer, an Eligible Cardholder should pay the Merchant using the Eligible Card that has been assigned the Offer. You will pay the full purchase price at the time of sale. The amount of the Offer Credit received by the Eligible Cardholder is dependent on the cumulative amount spent on the designated Eligible Card at the designated Merchant during the valid dates. The Offer Credit received will never exceed the total Offer Amount indicated in the Offer Notification.
If the Offer is a "FreeMonee™ Gift," the Eligible Cardholder may spend more or less than the amount of the FreeMonee™ Gift at the time of purchase. The Eligible Cardholder may also use portions of the FreeMonee™ Gift over multiple purchases. If an Eligible Cardholder cumulatively spends equal to or above the amount of a FreeMonee™ Gift specified in the Offer Notification and meets the Usage Requirements, their account will be credited for the full amount of the FreeMonee™ Gift. If the cumulative spend at the Merchant during the valid dates is less than the amount of the FreeMonee™ Gift specified in the Offer Notification, the Cardholder will be credited up to the cumulative amount spent during the valid dates.
After a qualifying purchase has been identified, a notification of the Offer Credit (a "Credit Notification") may be sent to you by email to the email address you provided, or if applicable and as available, by text to your mobile phone number you provided. The Credit Notification will include the amount of the Offer Credit you will receive and the Merchant at which the Offer was redeemed.
Offer Credits will generally be issued within two (2) weeks after the qualifying purchase, but may take up to two (2) billing or statement periods to post to your account. Please note that if an item is returned, an Offer Credit may be reversed. If you have questions about an Offer Credit or you believe that there is an error, please contact us at 1-800-266-7277 for check cards or 1-800-239-5175 for credit cards.
Once you participate in the Program, or have registered for the Program, we may also send you other notifications to help enhance your Program experience. Such notifications will not always be associated with an Offer.
C. Information We Collect and How We Use It
D. Privacy and Security
Compass reserves the right to interrupt, restrict, disqualify or terminate your eligibility to participate in the Program or receive Gifts without cause and without notice to you. You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with the Equipment (as defined below) or your Eligible Card, in accordance with applicable law.
Compass reserves the right to interrupt, restrict, disqualify or terminate your eligibility to participate in the Program or receive Offers without cause and without notice to you. You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with the Equipment (as defined below) or your Eligible Card, in accordance with applicable law.
Compass reserves the right, at its sole discretion, to disqualify any individual suspected of tampering with any aspect of an Offer, web page or a registration page or any other current or prior program made available by Compass. Compass also reserves the right, at its sole discretion, to disqualify any individual that it believes may tamper with an Offer, web page or a registration page or that it believes to be acting in any manner deemed by Compass in its sole discretion to be improper or disruptive or with intent to annoy, abuse, threaten, or harass any other person. ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF AN OFFER AND/OR A TRANSACTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPASS RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
In connection with the Program, we may provide links to the websites of participating Merchants or other third parties (any such website, a "Third Party Website"). We do not own, operate, control or maintain Third Party Websites, and any links to such websites are provided strictly for your convenience. If you click a link for a Third Party Website, you will be entering the Third Party Website. We (i) do not control nor are we responsible for the content, products and/or services provided by or through any Third Party Website, (ii) do not endorse or guarantee the products, information, or recommendations provided by or through any Third Party Website, and (iii) are not liable for any failure of the products or services advertised on or provided by or through any Third Party Website. The privacy and information-sharing and security policies and procedures of Third Party Websites are separate and distinct from our policies and procedures, and a Third Party Website may not be as secure as our website.
You acknowledge and agree that we are not responsible for performance degradation, service interruption, or delays due to conditions on the Internet or due to any error or malfunction of the services provided by FreeMonee. You, and not Compass, are responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, Equipment and services needed to participate in the Program and access and use any websites provided for this purpose, including without limitation the registration pages, if applicable. You acknowledge that Compass, its agencies, participating Merchants, ISPs and FreeMonee shall not be liable to you if any Offer, web page or registration page is unavailable, interrupted or suspended for any reason. If any Offer, web page or registration page is unavailable, or is interrupted or suspended, you agree that your sole and exclusive remedy shall be to terminate this Agreement. "Equipment" means the hardware and active internet connection through which you access, or attempt to access, any Offer notification and/or registration page. "System" means the hardware and software owned or operated by Compass, an Internet Service Provider ("ISP") or any third-party service provider engaged by Compass to facilitate or administer the Offers, web pages or the registration pages.
You acknowledge and agree that the use and functionality of the Program may be delayed or prevented by factors affecting your Internet service provider, email service provider, and if applicable and as available, your mobile telephone service provider or other relevant third parties ("Third Party Service Providers"). You also acknowledge and agree that you will continue to be subject to any agreements you have with Third Party Service Providers and that those agreements may provide for fees, limitations and restrictions which may affect your participation in the Program and you are solely responsible for any such fees, limitations and restrictions. You agree to resolve any problems with a Third Party Service Provider directly with them without involving us.
Compass reserves the right to suspend, cancel or terminate any Offer if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Offer Terms or of a web page or registration page, as determined by Compass at any time and in its sole discretion.
Compass also reserves the right to close the Program registration at any time for any reason at its sole discretion. Compass is not responsible for any computer virus or damage caused to Equipment by accessing the website.
F. Changes to this Agreement
We may change or modify this Agreement from time to time by posting such change or modification on www.bbvacompass.com/freemonee/terms/. Upon modification, we will update the date indicated after "Last Modified" at the beginning of this Agreement. If you do not agree with the current or modified Agreement, however, you must not participate, or continue participating, in the Program. You may withdraw your participation in the Program any time by following the procedures set forth above in Section A.3. Your participation in the Program following the effective date of such change constitutes your agreement to be bound by this Agreement as modified and its applicability to you.
G. Limitations on Liability
By participating in the Program, you acknowledge that technical processing and transmission of information to and from any web page or registration page, including the information you may enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Compass, its agencies, participating Merchants, FreeMonee, and ISPs are not responsible for: (1) any incorrect or inaccurate information, whether caused by you, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in an Offer; (2) any transmission delays, interruptions, omissions, deletions, defects, delays or failures of any kind, including, but not limited to, system malfunctions, performance degradation, service interruptions, or disconnections or disruption in phone lines, network hardware or software or Internet connectivity; (3) unauthorized human intervention in any part of the purchase process or an Offer; or (4) computer, mechanical, technical, printing, typographical, technical or non- technical, or human or other errors or omissions which may occur in connection with the administration of an Offer, a web page registration page or the processing of the registration.
EACH OF COMPASS AND FREEMONEE SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY EQUIPMENT, SERVICE INTERRUPTIONS, COMPUTER HARDWARE AND SOFTWARE, OFFERS, TRANSACTIONS, AND GOODS AND SERVICES ADVERTISED IN CONJUNCTION WITH ANY OFFER. YOU AGREE THAT YOUR PARTICIPATION IN THE PROGRAM, ANY OFFER, ACCESS TO AND REGISTRATION ON A REGISTRATION PAGE, AND USE OF ANY PRODUCTS, SERVICES, OR OFFERS OBTAINED IN CONNECTION WITH AN OFFER ARE AT YOUR SOLE RISK. ALL OFFERS AND EACH WEB PAGE AND REGISTRATION PAGE ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. EACH OF COMPASS AND FREEMONEE SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY GOODS AND SERVICES ADVERTISED IN CONJUNCTION WITH ANY OFFER, AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
If you have any claim against or dispute with any participating Merchant concerning goods or services purchased from the participating Merchant, you agree to resolve such claim or dispute directly with the participating Merchant. You agree that we shall have no liability whatsoever arising out of such claim or dispute, and you agree not to involve us in such claim or dispute. Participating Merchants are solely responsible for establishing the terms and conditions for Offers, and you are solely responsible for complying with such terms and conditions as necessary to redeem Offers from participating Merchants. Participating Merchants are solely responsible for the payment of any Offer Amount redeemed through the Program. You acknowledge and agree that Compass assumes no responsibility for, and shall have no liability to you for the payment of any Offer Amount. If you have any dispute with any participating Merchant concerning a charge on your card, you must report that dispute to us as provided in the agreement governing your card.
You agree to this Agreement, and on your behalf and on behalf of your respective heirs, executors, administrators, legal representatives, successors and assigns (the "Releasing Parties"), release, defend and hold harmless Compass and its agencies, participating merchants, and FreeMonee and ISPs, as well as the employees, officers, directors and agents of each (the "Released Parties"), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive, special or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against the Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from the your participation in the Program, any Offer, redemption of an Offer from a Merchant and any goods and services purchased from a Merchant. You assume all liability for any injury, including, but not limited to, death or damage caused or claimed to be caused by use of any product or service purchased or received through an Offer. In the event you are dissatisfied in any way with respect to the Program, or any transaction with a participating Merchant, your sole and exclusive remedy as between you and us shall be to withdraw your participation in the Program by following the procedures set forth above in Section A.3.
You agree to indemnify and hold Compass, FreeMonee and each other Released Party harmless from all third party claims, damages, expenses (including without limitation, reasonable attorneys' fees) in connection with or arising out of your participation in the Program, receipt or use of any Offer, use of our web site and your breach of any terms of this Agreement or any Offer Terms.
It is your responsibility to determine what, if any, taxes apply to any Offer Credits you may earn or receive through this Program and you will be solely responsible for any federal, state, or local taxes resulting from any Offer Credits earned or received by you. In the event any Offer is subject to any fulfillment, redemption or other incidental fees or charges, you will be solely responsible for such fees and charges.
The Program is void where prohibited by federal, state, or local law. Offers may not be valid where restricted by federal, state, or local law, and we shall have no liability to you whatsoever in the event any applicable law invalidates any Offer.
This paragraph G shall survive termination of this Agreement.
H. No Amendment of Existing Terms and Conditions for Eligible Cards
THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE OFFER TERMS DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR ELIGIBLE CARD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR PERIODIC STATEMENT OR THE AGREEMENT GOVERNING YOUR CARD ACCOUNT ("CARDHOLDER AGREEMENT"). IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR ELIGIBLE CARD ACCOUNT, INCLUDING ITS STATUS, YOU SHOULD CALL THE NUMBER PROVIDED ON THE BACK OF YOUR ELIGIBLE CARD.
I. Governing Law
This Agreement shall be governed by and interpreted under the State laws applicable to your Cardholder Agreement and all applicable Federal law.
We may assign or delegate all or part of Compass's rights or duties under this Agreement without such assignment or delegation being considered a change to this Agreement, and without notice to you. You may not assign this Agreement, or delegate any of your duties hereunder, without Compass's prior written consent, and any assignment or delegation by you in breach of the terms hereof shall be null and void.
K. Copyright and Trademarks
Compass expressly reserves all rights in its trademarks, service marks, logos and all other intellectual property.
FreeMonee expressly reserves all rights in its trademarks, service marks, logos and all other intellectual property.
L. Entire Agreement
This Agreement together with the Offer Terms represent the entire understanding between you and Compass with respect to an Offer, and may only be amended as described in this Agreement. No waiver by us of any breach of any term or condition of this Agreement will constitute a waiver of, or consent to, any subsequent breach of the same or any other term or condition of this Agreement. If any part of this Agreement is found to be void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.