PLEASE READ CAREFULLY. By participating in the AchieveCard Rewards Program (the “AchieveRewards Program”) of Achieve Financial Services, LLC (“AchieveCard”), you agree that (a) you have read, understood and accepted the following terms, conditions and rules and (b) you consent to the processing of data that is personal to you, and the disclosure of such data to third parties, as set forth below under “Privacy.” Welcome to the AchieveRewards Program. As described under “Eligibility” and “Enrollment” below, the AchieveRewards Program is available to AchieveCard cardholders who meet certain minimum requirements and have enrolled their account for their AchieveCard prepaid card (their “Card Account”) in the AchieveRewards Program by logging into the AchieveRewards section of our website at www.achievecard.com/content/prepaid_rewards.aspx and creating a points account (a “Points Account”). AchieveCard offers the AchieveRewards Program in partnership with the bank that is the issuer of your AchieveCard prepaid card (the “Issuer”). AchieveCard also contracts with a third party, ARM Insight, Inc. (the “Sponsor”), with respect to aspects of the operation and administration of the AchieveRewards Program. These Terms, Conditions and Program Rules (these “Terms”) govern the AchieveRewards Program and your relationship with AchieveCard, the Issuer and the Sponsor with respect to the AchieveRewards Program. The terms “we,” “us” and “our” as used herein refer to AchieveCard, the Issuer and/or the Sponsor; when used, all associated rights and protections are meant to apply to such parties whether acting together or independently. The term “Card” as used herein refers to an AchieveCard prepaid card and the terms “you” and “Cardholder” as used herein refer to an AchieveCard cardholder. Notwithstanding anything contained in these Terms to the contrary, these Terms do not apply to sweepstakes events that are part of the AchieveRewards Program, which sweepstakes events are governed by separate rules that can be found at https://rewards.achievecard.com/Sweepstake/#.
Section 1. Overview of the AchieveRewards Program.
The AchieveRewards Program is a loyalty program, through which a Cardholder can collect points by activating and using his or her Card or through other methods as may be added from time to time. Cardholders can redeem points for the opportunity to win or receive merchandise or services available through our website at www.achievecard.com (the “Website”). By participating in the AchieveRewards Program, you agree to be bound by these Terms, as they may be modified or updated from time to time and made available through the Website.
Section 2. Changes to the AchieveRewards Program.
We reserve the right to modify, restrict or change the AchieveRewards Program at any time. These changes may include, but are not limited to, changing the number of points you earn for a particular type of transaction or activity, changing the number of points you need to reach a particular reward tier or to redeem a particular reward, omitting or adding reward levels or categories, changing the selection of rewards, imposing, increasing or eliminating points caps or AchieveRewards Program fees, or changing the terms by which points expire or are forfeited. We also reserve the right to suspend or terminate the AchieveRewards Program at any time without notice to you. The most current Terms can always be found at www.achievecard.com.
Section 3. Eligibility.
In order to enroll and earn points in the AchieveRewards Program, you must: (a) be at least 18 years old; (b) be a United States resident; (c) be legally capable to enter into contracts; (d) have an active Card Account that is in good standing with the Issuer, meaning that, in addition to any other requirements communicated to you by the Issuer, you have a continue to pay your monthly maintenance fees for the Card Account in full each month; (e) not use the AchieveRewards Program on behalf of any business, partnership, corporation, proprietorship or other entity; and (f) not resell or otherwise provide other persons with access to the AchieveRewards Program using your password or user name. Notwithstanding the foregoing, we reserve the right to determine in our sole discretion whether a particular Cardholder is eligible to enroll and earn points in the AchieveRewards Program.
Section 4. Enrollment.
Eligible Cardholders may enroll themselves in the AchieveRewards Program at any time after their Card has been activated. To enroll, you must log into the AchieveRewards section of our Website at www.achievecard.com/content/prepaid_rewards.aspx, which will register your Card Account with the AchieveRewards Program and link it to your newly created Points Account. Points will be earned on your Card from the point of enrollment forward. No points will be issued for any activities prior to the Card’s enrollment date. All Cardholders must enroll in the AchieveRewards Program in order to earn or redeem points or to access the AchieveRewards Program online or through AchieveRewards customer service.
Section 5. Earning and Redeeming Points.
Under the AchieveRewards Program, you earn points by, among other things, loading, using and maintaining the active status of your Card (“Qualifying Activities”), pursuant to the point schedule outlined under the “Get Points” section of the Website (www.achievecard.com). You can use these points to obtain merchandise, services and more (referred to generally as “Rewards”). You can use your points to obtain Rewards through a variety of redemption activities as described on the Website (“Redemption Activities”). Redemption Activities include auctions, contests, games, and other activities, as may be introduced from time to time. Redemption Activities, for the purpose of these Terms, do not include sweepstakes events, which are governed by separate rules that can be found at https://rewards.achievecard.com/Sweepstake/#.
You can redeem points from your Points Account and view available Rewards and Redemption Activities through the Website (www.achievecard.com). You can only receive Rewards to the extent that you have the required number of points in your Points Account. All Rewards are subject to availability and have no cash value. Redeemed Rewards are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, other rewards or points under any circumstances. By obtaining Rewards, you release AchieveCard, the Sponsor and the Issuer, and each of their parents, subsidiaries and affiliates, from any and all liability regarding the redemption or use of Rewards or other participation in the AchieveRewards Program.
You can view your Points Account point balance, points earning and history of Redemption Activities at any time online through the Website (www.achievecard.com). You can also call our AchieveRewards customer service at (800) 486-0273 for such information. It may take up to 30 days for some of your Qualifying Activities to post to your Points Account. Some Qualifying Activities, such as certain online purchases, foreign transactions and others, may take longer to be posted. Once you engage in a Redemption Activity, your Points Account will be reduced by the number of points used pursuant to the rules of the particular Redemption Activity. If your Reward order is cancelled before the item is shipped or the Reward becomes unavailable, your points will be reinstated and you will be notified of the cancelled order. You may not cancel or return an order for a point refund after the item has shipped. Any returns, credits, or chargebacks with respect to your Card will result in a deduction of points and will therefore reduce the total points posted to your Points Account.
Section 6. Point Expiration and Forfeiture.
Points accrued in the AchieveRewards Program are not property of the Cardholder and have no cash or value, other than the right to obtain Rewards pursuant to the AchieveRewards Program while such program is in effect. Points and your Points Account are not transferable by operation of law or otherwise to any person or entity and cannot be transferred or sold. Notwithstanding anything in these Terms to the contrary, we reserve the right to terminate the AchieveRewards Program at any time and for any reason, with or without notice to you. In the event of a termination, all points in the AchieveRewards Program will automatically expire and have no further rights or value associated with them. You are not entitled to compensation from us, or the Issuer, if your points expire or if they are forfeited for any reason.
Qualifying Activities that you engage in while your Card Account is not in good standing shall not accrue any points. If your Card Account is revoked or otherwise closed due to lack of payment of monthly maintenance or other fees, or for any other reason, or if you close or cease activity on your Card Account, you may continue to redeem points earned in the AchieveRewards Program as long as you continue to meet the other eligibility requirements set forth in Section 3 of these Terms.
If you become deceased or file for bankruptcy, you, or your estate, from such date, will not be able to earn any further points on your Card Account and you, or your estate, will have 30 days from the date that we are notified of the deceased or bankrupt status to redeem any outstanding points in your Points Account. At the end of the 30-day period, any remaining positive point balances in your Points Account will be forfeited.
Section 7. Reward Shipping and Returns.
You will not be charged any shipping or handling fees for any Reward sent to you. Redeemed Rewards generally will be sent to you within 2-4 weeks of the redemption date. Rewards will not be shipped to any post office box address or an address outside of the United States except APO/FPO addresses and the latter only where possible depending upon the Reward.
If any Reward is damaged during shipping, it can be returned to us in its original packaging within thirty (30) days of your receipt, in which event you will receive a full reinstatement of the points you redeemed to obtain the Reward and will not be charged for shipping or handling. Contact AchieveRewards customer service at (800) 486-0273 for return instructions. You must report any damage within 24 hours of receipt of your Reward. Other than damaged merchandise, redeemed Rewards cannot be returned and are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other Rewards or points under any circumstances. Other than with respect to shipping damages as described above, neither we nor third party providers such as participating merchants are responsible for replacing lost, stolen, or damaged Rewards.
Section 8. Reward-specific Terms and Conditions; Gift Certificates.
In addition to these Terms, each Reward may be subject to specific terms and conditions imposed by the merchant associated with the Reward, if any. These additional terms and conditions may address such matters as the expiration date of the Reward, the purchase or other requirements to use the Reward, any warranties for the Reward, or any other limitations or restrictions on obtaining, retaining or using the Reward. We are not liable if a Reward expires or terminates by its terms and conditions prior to its use by you. Additionally, some of the Rewards may be gift certificates that can be redeemed at a participating merchant location. You and the participating merchant are responsible for compliance with all laws related to the Reward, including the payment and collection of any federal, state, or local taxes. Refer to the Reward certificate for details. The gift certificate merchants in the AchieveRewards Program are not affiliated with us. These merchants do not sponsor, endorse, approve or have any responsibility for the AchieveRewards Program. Each merchant's name and logo are trademarks of each individual merchant.
Section 9. Redemption Activities - Point Auctions.
A primary Redemption Activity is a point auction, which allows Cardholders to use their points to bid on Rewards. You may only participate in an auction by logging into www.achievecard.com. In an open auction, you can always see the current high bid and you can bid as many times as you like until the auction closes. You can only bid as many points as you have in your Points Account. You can manage your bidding manually by providing predetermined maximum bidding limits.
Each auction will have a minimum opening bid that shows the minimum number of points needed to start the auction. The auction will also show the minimum bid increments which are the minimum number of additional points needed in each subsequent bid and the minimum eligible bid which is minimum number of points needed by the next bidder (current highest bid plus the minimum bid increment). Each auction will show its close date and time. Once the auction is closed, no more bids will be accepted.
When you place a bid that is the high bid, your bid points will be placed in a “frozen” status and placed in an auction reserve. These points will stay in the frozen status until either you win the auction or someone else places a higher bid. While your points are frozen, you will not be able to redeem them for any other Redemption Activities. If someone places a higher bid, the points will be automatically returned to your available point balance in your Points Account and you will be free to bid again or to stop bidding and use the points in another Redemption Activity. If you are the highest bidder at the end of the auction, the points will be automatically deducted from your available point balance, and you will receive an email letting you know that you are the winning bidder. The Reward will be sent to your customer address on record. Each auction may have specific terms and conditions regarding the auction item itself, which will be available on the Website (www.achievecard.com).
Section 10. Our Communication with You.
We reserve the right to communicate with you regarding any matter related to the AchieveRewards Program by mail, by telephone or by electronic communication, including electronic mail. All electronic communications from us to you shall be deemed to be communications “in writing” and deemed delivered to you no later than the earlier of the date actually received or 5 days from the date of posting or dissemination. Our communications with you may include, at your option, information of a promotional nature about the AchieveRewards Program. You may opt out of receiving electronic communications from us or change your election to receive information of a promotional nature by contacting AchieveRewards customer service by telephone at (800) 486-0273.
Communications and notices will be sent to the contact information associated with your Card Account. You may update your contact information by contacting your Issuer and updating your Card Account profile.
Section 11. AchieveRewards Customer Service.
The AchieveRewards customer service department is available to assist you with various questions or issues. This support includes questions regarding your Qualifying Activities, Redemption Activities and other questions about the AchieveRewards Program. We also offer you information on the Website (www.achievecard.com), including FAQs, which can assist you with the most commonly asked questions.
AchieveRewards customer service can be reached in the following ways:
Section 12. Arbitration.
Any Claim (as hereinafter defined) between you and us or arising from or relating to your participation in the AchieveRewards Program, these Terms, any other related or prior agreement that you may have had with us or the relationships resulting from your participation in the AchieveRewards Program, these Terms or any prior agreement, including the validity, enforceability or scope of this arbitration provision, these Terms or any prior agreement, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”), except as otherwise set forth in this arbitration provision. The arbitration panel shall consist of a single arbitrator agreed to by each party hereto within thirty (30) days following notice by one party that it desires arbitration. If the parties are unable within such thirty (30) day period to agree upon an arbitrator, then the arbitrator shall be selected by the AAA, which arbitrator shall be knowledgeable with respect to the subject matter area of the Claim. Claims shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class-action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The losing party shall bear any fees and expenses of the arbitrator, other tribunal fees and expenses, reasonable attorneys’ fees of both parties, any costs of producing witnesses and any other reasonable costs or expenses incurred by such losing party or the prevailing party. Any award entered by the arbitrator(s) shall be final and judgment thereon may be entered in any court having jurisdiction. For a copy of the AAA’s rules or for other information about the AAA, contact them as follows: AAA, 335 Madison Avenue, New York, NY 10017; website: ADR.org.
As used in this arbitration provision, the term “Claim” means any claim, dispute or controversy “Claim” includes any claim, dispute or controversy of any kind or nature, including but not limited to initial claims, counterclaims, cross-claims, third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. “Claim” also includes claims by or against any third party using or providing any product, service or benefit in connection with the AchieveRewards Program if and only if such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. For the purposes of this arbitration provision, “you” and “us” also include any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to above in the definition of “Claims.”
PURSUANT TO THIS ARBITRATION PROVISION, YOU WILL NOT HAVE THE RIGHT TO LITIGATE YOUR CLAIM IN COURT OR HAVE A JURY TRIAL ON YOUR CLAIM OR TO HAVE YOUR CLAIM RESOLVED EXCEPT AS PROVIDED FOR BY THE RULES OF THE AAA. FURTHERMORE, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING.
This arbitration provision shall survive termination of the AchieveRewards Program or your participation in it. If any portion of this arbitration provision is deemed invalid or unenforceable under any principle or provision of law or equity, it shall not invalidate the remaining portions of this arbitration provision, these Terms or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
Section 13. Disclaimers and Service Limitations.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE ACHIEVEREWARDS PROGRAM AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS AND WITH ALL FAULTS. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ACHIEVEREWARDS PROGRAM INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF THE ACHIEVEREWARDS PROGRAM (OR ANY INFORMATION CONTAINED THEREIN). NO WARRANTIES WILL BE CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE, AND WE EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES. IN ADDITION, WE DO NOT WARRANT THAT THE ACHIEVEREWARDS PROGRAM OR ANY RELATED SERVICES (OR ANY INFORMATION RELATED THERETO) WILL BE FREE FROM ERRORS, WILL MEET YOUR NEEDS, OR WILL BE PROVIDED ON AN UNINTERRUPTED BASIS. SPECIFICALLY, THE ACHIEVEREWARDS PROGRAM MAY CONTAIN ERRORS, BUGS, OR OTHER PROBLEMS NOT USUALLY ASSOCIATED WITH GENERALLY AVAILABLE SOFTWARE OR WEB-BASED SERVICES, AND THESE DIFFICULTIES MAY RESULT IN LOSS OF DATA, PERSONALIZATION SETTINGS OR OTHER SERVICE INTERRUPTIONS. WE CANNOT AND DO NOT ASSUME RESPONSIBILITY FOR THE DELETION, WRONG OR MIS-DELIVERY, TIMELINESS, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS ASSOCIATED WITH THE ACHIEVEREWARDS PROGRAM.
Section 14. Cancellation.
You may cancel your enrollment in the AchieveRewards Program at any time by sending a request for cancellation to AchieveRewards customer service by email to email@example.com or by mail to AchieveCard; PMB 296; P.O. Box 200255; Austin, TX 78720. Upon confirmation of your request, your Points Account and enrollment in the AchieveRewards Program will be cancelled.
Section 15. Privacy.
Section 16. Qualifying Activity Information.
By enrolling in the AchieveRewards Program, you authorize us to receive data from the Issuer designated by you, in order to operate the AchieveRewards Program. Further, you agree that we may monitor your activities with respect to the AchieveRewards Program and your Points Account and report on such activities to the Sponsor for purposes of operating and maximizing the benefits of the AchieveRewards Program.
Section 17. Limitation of Liability.
YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR GOODWILL, ARISING FROM THE ACHIEVEREWARDS PROGRAM, ANY REWARD, THESE TERMS OR ANY OTHER RELATED OR PRIOR AGREEMENT THAT YOU MAY HAVE HAD WITH US OR THE RELATIONSHIPS RESULTING FROM YOUR PARTICIPATION IN THE ACHIEVEREWARDS PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Section 18. Indemnification.
You agree to indemnify and hold harmless AchieveCard, the Sponsor, and the Issuer and each of their affiliates, subsidiaries, licensors, suppliers, service providers, and permitted designees and assigns, and each of their members, directors, officers, partners, employees, agents, and representatives (collectively, with respect to each party, the “AchieveCard Indemnitees”) from and against any loss, damage, liability, or expense, including, without limitation, reasonable attorneys’ fees and other legal expenses, which the any AchieveCard Indemnitee may suffer or incur or to which any AchieveCard Indemnitee may become subject arising out of or in connection with your use of the AchieveRewards Program, your violation of the Terms or your infringement, or infringement by any other user of your Card Account or Points Account, of any intellectual property or other right of anyone; provided, however, that no AchieveCard Indemnitee shall be entitled to such indemnification with respect to any loss, damage, liability, or expense which is due to its own gross negligence or willful misconduct or where such indemnification would be a violation of applicable law.
Section 19. Miscellaneous.