Mobile Simple Cash Back Addendum
This Mobile Simple Cash Back Addendum (this "Addendum") applies to the BBVA Compass Simple Cash BackSM program (this "Program"), which is part of the Mobile Banking Service offered through BBVA Compass Mobile Banking. This promotional Program permits certain Mobile Banking users to receive offers for Rewards to be provided by Participating Merchants through the Mobile Banking Service, as described below. BBVA Compass reserves the right to disqualify Mobile Banking users who violate the following terms or any Program terms presented within the Mobile Application, as they may be changed from time to time. We do not share individually identifiable information with merchants as part of the Program, and you may choose to opt-out of receiving offers for Rewards as provided in "Your Right to Opt-Out" below.
- "Participating Merchant" means any seller of goods or services who offers or makes available Rewards through the Program.
- "Program" means the BBVA Compass Simple Cash Back program, as modified or amended from time to time, whereby Mobile Banking customers may receive and activate offers to earn cash rewards, discounts, or other incentives from Participating Merchants by using the BBVA Compass Visa® Check Card or Credit Card linked to a Qualifying Account to purchase goods or services from the Participating Merchants. The Program may be provided directly by the Bank or indirectly through a Service Provider.
- "Qualifying Account" means any BBVA Compass deposit account or BBVA Compass credit card account you own that is a BBVA Compass Mobile Account and is eligible, as determined by us in our discretion, to participate in the Program or to which or through which Rewards are offered, made available or credited.
- "Qualifying Purchase" means any purchase made with a BBVA Compass Visa Check Card or Credit Card issued to a Qualifying Account that meets the terms and conditions of a specific Reward offer you have activated through the Mobile Banking Service.
- "Reward" means any cash reward, discount, or other incentive made available, offered, or credited to you, or accepted or received by you, through the Program.
Terms and Conditions:
- Your Right to Opt-Out. Receiving offers for rewards as part of the Program is optional, and you may choose to opt-out of receiving offers for Rewards at any time. To opt-out, you must sign in to Online Banking and follow the opt-out instructions provided within the Program section of Online Banking. If you opt-out, you will not receive any further Program offers, and you will not earn any Rewards on purchases you made after you opt-out, even if you were provided with an offer prior to opting-out.
- Earning Rewards. In order to earn any Reward you must first click on the offer within Mobile Banking. To earn any Reward offered through the Program, you must use the BBVA Compass Visa Check Card or Credit Card associated with the Qualifying Account that received the offer. You will earn a Reward from Participating Merchants based on the total amount of a Qualifying Purchase. The amount of any Reward available and any specific terms and conditions related to a particular offer will be included in the offer. However, in general, a Reward will not be earned for any portion of your purchase that you pay for with store credit, gift certifications or other payment types. We reserve the right to determine, in our sole discretion, whether a particular BBVA Compass Visa Check Card or Credit Card transaction is a Qualifying Purchase. Rewards are credited only on Qualifying Purchases. When goods or services purchased with your BBVA Compass Visa Check Card or Credit Card are returned within thirty (30) days after the initial date of purchase, you will not earn a Reward for such purchase. Subject to different terms and conditions that may apply to a specific offer, Qualifying Purchases can be made online, at a store location, or by telephone. You will not earn any Reward as part of this Program if you are using a non-BBVA Compass debit card/credit card or any method of payment other than the BBVA Compass Visa Check Card or Credit Card for the Qualifying Account that received the offer. A Participating Merchant may withdraw any unactivated Reward offer at any time. No Participating Merchant has any obligation to repeat or re-offer any Reward. Participating Merchants may join and leave the Program at any time and leave from time to time.
- Taxes and Fees. It is your responsibility to determine what, if any, taxes apply to any Rewards you may earn or receive through this Program and you will be solely responsible for any federal, state, or local taxes resulting from any Rewards earned or received by you. In the event any Reward is subject to any fulfillment, redemption or other incidental fees or charges, you will be solely responsible for such fees and charges.
- No Rewards if Account Closed or Not in Good Standing. If your Qualifying Account is closed for any reason prior to the crediting of any earned Reward to your Qualifying Account, or if your Qualifying Account is otherwise not in good standing or unable to receive credits, such Reward will be forfeited in its entirety, and neither we nor the Participating Merchant shall have any liability to you as a result thereof.
- Program Void Where Prohibited. The Program is void where prohibited by federal, state, or local law. Rewards 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 Reward.
- Exclusions of Warranties. PARTICIPATING MERCHANTS ARE NOT AFFILIATED WITH BBVA COMPASS OR ANY OF ITS AFFILIATED COMPANIES. WE DO NOT MAKE, AND WE HEREBY DISCLAIM, ANY REPRESENTATION, WARRANTY, OR ENDORSEMENT (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO ANY AND ALL PARTICIPATING MERCHANTS AND ANY AND ALL OF THEIR RESPECTIVE GOODS AND/OR SERVICES.
- Disputes with Participating Merchants.
- About goods or services – 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.
- About Rewards – Participating Merchants are solely responsible for establishing the terms and conditions for Reward offers, and you are solely responsible for complying with such terms and conditions as necessary to earn and receive Rewards from Participating Merchants. Participating Merchants are solely responsible for the payment of any Reward offered through the Program. You acknowledge and agree that BBVA Compass assumes no responsibility for, and shall have no liability to you for the payment of any Reward.
- Limitation of Liability. You agree that BBVA Compass shall have no liability to you for, and you hereby absolutely and unconditionally release and discharge us, our affiliates, and the respective officers, directors, shareholders, agents and employees of both, from any and all losses, costs, suits, damages, claims, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) arising from or related in any way to (i) the Program, (ii) the performance or non-performance by any Participating Merchant of any of its obligations related to any Reward (including, without limitation, the payment of any Reward), and/or (iii) any goods or services purchased or otherwise obtained by you from any Participating Merchant and/or any act or omission by any Participating Merchant in connection with any transaction between you and any Participating Merchant. 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 opt-out of receiving offers for Rewards.
- Third Party Websites. 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 leaving the Mobile Application and 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.
- Frequently Asked Questions. Any frequently-asked-questions and other informational material regarding the Program that is published at our website (collectively, "FAQs") constitute a part of these Program terms and are incorporated herein by reference; provided, that in the event of a conflict between such FAQs and the Program terms set forth herein, the terms set forth herein shall govern and control.
A Spanish version of this document is available as a courtesy to our clients who use Spanish as their primary language. Although Compass Bank has taken every precaution possible to translate the original document correctly, the Spanish translation is only a courtesy to our clients. Please take note that all official documents from Compass Bank will be in English only. Please visit: www.bbvacompass.com/mobile-banking/terms/es/simple-cash-back.html to view the Spanish version.
BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. Compass Bank, Member FDIC.