BIG LOTS CREDIT CARD REWARDS PROGRAM TERMS ("TERMS")
Please read these Terms carefully for important information about your rights and obligations in the Big Lots Credit Card Rewards Program ("Program"). By participating in the Program, you agree to these Terms.
The Big Lots Credit Card Rewards Program will only be available from October 1-December 31, 2019 in select locations, see store for participation information. For additional questions related to earnings or the program, please call our customer care team at 1-888-556-4353 (TDD/TTY 1-800-695-1788.
In these Terms, "you" and "your" mean the Account holder. "We," "our," and "us" mean Comenity Capital Bank. "Bank" means Comenity Capital Bank or its assignees. "Client" means Big Lots.
The Program is provided by Comenity Capital Bank. Comenity Capital Bank is solely responsible for Program operation and may withdraw the Program or change the terms of the Program at anytime. The Program allows persons who are Big Lots BIG! REWARDS loyalty rewards members, as well as, Big Lots Credit Card account holders, who have the same email address for both accounts, to earn rewards for purchases made in select store locations with their Big Lots credit card ("Card").
FOR THE MOST UP-TO-DATE TERMS, PLEASE VISIT WWW.COMENITY.NET/BIGLOTS.
1. General Information; Definitions. The Program allows you to earn Reward Dollars you spend as described in Section 3 below, using your Big Lots Credit Card Account (your "Account"). For every $100 spent with your Big Lots Credit Card, you will be mailed, via your monthly billing statement, a $5 Rewards Certificate valid at Big Lots store locations, as described in Section 4 below.
These Terms are separate and independent from your Big Lots Credit Card Account Agreement (your "Account Agreement"), which governs the use of your Card. In the event of any conflict between these Terms and your Account Agreement, these Terms will control in any matter relating to the Program. All information collected about you in connection with the Program is subject to our privacy policy, which can be obtained at https://d.comenity.net/biglots/common/privacy/PrivacyLanding.xhtml
2. Eligibility; Withdrawal of Program. You must be a member of Big Lot's BIG! Rewards loyalty program, have a Big Lots Credit Card Account, and have the same email listed for both your BIG! Rewards account and your Big Lots Credit Card Account to be eligible for the rewards program. Your Big Rewards Loyalty email account and Big Lots Credit Card rewards email address must match in order to receive the rewards of the program. We will not be liable for misdirected notices under these terms or any consequences there of where your personal information is inaccurate or no longer valid.
You may cancel your participation in the Program in accordance with Section 11. Unless you cancel your participation, you will remain enrolled in the Program as long as your Account remains open and in Good Standing and we continue to offer the Program. "Good Standing"means (1) your Account is open to new charges and not over your credit limit, (2) your Account is not more than 60 days past due or otherwise in default, (3) your Card is not flagged as lost, stolen, or fraudulent according to the Bank's records, (4) your Account is not in a hardship or workout program, and (5) you are not subject to a credit counseling arrangement relating to your Account. We may withdraw the Program or deny or revoke your participation in the Program at any time for any reason.
3. Earning Reward Dollars.
The Program is limited to earning Reward Dollars for Net Eligible Purchases in participating store locations. Net Eligible Purchases are purchases of goods and services for personal, family and household purposes (including tax)using your Card and the Card(s) of your Authorized User(s), if any, minus any returns, refunds or credit adjustments, rounded to the nearest dollar.
Reward Dollars are not earned on, and the term "Net Eligible Purchases" does not include Big Lots purchases made with promotional plans, returns, refunds, credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, purchases made by or for a business or for a business purpose, balance transfers, interest, fees or other Account activity. Purchase of gift cards are excluded from earning Reward Dollars under the Program. We have the right to deduct Reward Dollars from your Rewards Dollars balance for charges that were not or do not remain Net Eligible Purchases. If your Reward Dollars balance goes negative, you must first earn Reward Dollars to bring your Reward Dollars balance to zero before earning any Rewards Dollars eligible for redemption. Reward Dollars you earn may not be combined with Reward Dollars earned on any other credit account. Reward Dollars earned have no cash value and may not be used as payment of any outstanding obligation to the Bank or its affiliates or to Big Lots. Reward Dollars will be earned for cardholders that are also BIG! Rewards members and have a matching email address on file for both Big Lots Credit Card and BIG! Rewards. Purchases made with the Big Lots Credit Card will count towards receiving BIG! Rewards loyalty programs earnings.
You will earn: 5 % back in Reward Dollars for each $1.00 of Net Eligible Purchases made at select Big Lots store locations with your Big Lots Credit Card Account
(b) Posting of Reward Dollars Earned; Expiration; Forfeiture. You may inquire about your monthly Rewards Dollars balance by contacting the Bank at 1-888-556-4353 (TDD/TTY 1-800-695-1788). Please note that it often takes 1-2 weeks or more for Reward Dollars from a Net Eligible Purchase to post to your Reward Dollars balance. At any time, we may verify and adjust your Reward Dollars balance based on our records and based on certain purchases not constituting, or no longer constituting, Net Eligible Purchases. A maximum number of 400 Reward Dollars or a $20 Reward Certificate may be earned per billing period. Maximum of one (1) Rewards Certificates fulfilled in each billing cycle in increments of $5, $10, $15 or $20 Reward Certificates fulfilled via monthly statements. Rolled over Reward Dollars will remain in your Reward Dollars balance until they are qualify for a Reward Certificate as described in Section 4, are forfeited, or expire.
Reward Dollars will expire on December 31, 2019. Earning period is open until December 31, 2019 at select store locations, any Reward Dollars earned until this date will be fulfilled in the following 1-2 billing cycles.
Except as otherwise provided by applicable law, you will forfeit all unused Reward Dollars if you file for bankruptcy, or your participation in the Program is terminated or your Account is closed for any reason. The Program is available for account holders with active BIG! Rewards Loyalty accounts. Should the account holder no longer wish to be a part of Big Lots' BIG! REWARDS loyalty program, the account holder will be unenrolled from the Big Lots Credit Card Rewards program and any earning or fulfillment of Reward Dollars. You will also forfeit Reward Dollars as described below and in Sections 9 and 11. You will not receive any compensation or new Reward Dollars for your Reward Dollars that expire or are forfeited.
Reward Dollars may not be sold, purchased, brokered, bartered, transferred or altered in any way by you. Any attempted transaction of such sort will automatically be void. Anyone engaging in such transactions will be liable for damages to us, including, but not limited to consequential damages, third party damages, transaction costs, attorney's fees and court costs. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Reward Dollars.
4. Rewards. When you earn enough Reward Dollars (a "Reward Level"), you will be eligible for a Rewards Certificate as long as your Account is in Good Standing. Rewards Certificates are redeemable for a specified dollar amount off qualifying purchases at Big Lots stores. The current minimum Reward Level is $100.00 Reward Dollars ($100 Reward Dollars = $5 Reward Certificate), additional Reward Level's include $200 Reward Dollars ($200 Reward Dollars = $10 Reward Certificate) and $300 Reward Dollars ($300 Reward Dollars = $15 Reward Certificate). The current maximum Reward Level per billing cycle is $400 Reward Dollars ($400 Reward Dollars = $20 Reward Certificate). Reward Levels are subject to change without notice. Once you've earned a Rewards Certificate, your Reward Dollars balance will be reduced by the number of Reward Dollars used to obtain the Reward Certificate(s). After the Big Lots Credit Card Rewards Program ends on December 31, 2019, any remaining or earned Reward Dollars that do not qualify for a reward level, will expire. For final Reward Certificate fulfillment at the end of the program, Rewards Dollars that do qualify for a reward level beyond the $20 will be issued in multiple reward certificates.
Except as provided below, we will send a Rewards Certificate to your Account's primary billing address within 1-2 billing cycles after you achieve a Reward Level. To change the primary billing address for your Account, please contact the Bank by calling 1-888-556-4353 (TDD/TTY 1-800-695-1788). If you are enrolled in paperless billing with the Bank, you will receive the rewards certificates via your e-bill on Account Center at comenity.net/BigLots.
We will only issue a Rewards Certificate if your Account is in Good Standing. If your Account is not in Good Standing, you will not be eligible to receive Rewards Certificates until the end of the billing period in which your Account is once again in Good Standing.
Rewards Certificates expire 45 days from the date they are issued. Once issued, Rewards Certificates cannot be withdrawn or changed by us, even if we withdraw or modify the Program, except as expressly provided in these Terms.
To the extent allowed by applicable law, we may cancel any earned or outstanding Rewards Certificates if we become insolvent, unable to pay our debts when due, file an action under the U.S. Bankruptcy Code or have such an action filed against us.
5. Communications, Program Activity and Customer Service. We may contact you about the Program by mail, phone, e-mail or other methods permitted under applicable law. As needed, you agree to promptly update your contact information on account center at www.comenity.net/biglots or 1-888-556-4353 (TDD/TTY 1-800-695-1788). We are not responsible for Reward Certificates or communications lost or undelivered due to incorrect or changed address or other contact information.
For any questions regarding program activity, contact customer service at 1-888-556-4353 (TDD/TTY 1-800-695-1788).
7. Limited Liability. Unless otherwise required by law or our agreements with you, neither Big Lots nor the Bank, nor any of our or its affiliates, officers, directors, employees, service providers, 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 suspension of the Program; (b) any claim relating to products purchased using any Reward Certificates obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; or (d) any taxes that you incur as a result of receiving or redeeming Reward Dollars. Notwithstanding the foregoing, any liability that we or they may have to you in connection with the Program shall be limited to the amount of any Reward Dollars you have earned in accordance with these Terms.
8. No Warranties. The Bank does not: (a) endorse products or services purchased at Big Lots using Rewards Certificates; (b) make any express or implied warranty regarding products or services purchased at Big Lots (c) guarantee the performance of products or services purchased on Big Lots
9. Changes. Subject to any requirements or limitations of applicable law, we may at any time for any reason add to, change, limit, or terminate the Program or these Terms. To the extent allowed by applicable law, (a) changes may apply retroactively, and may affect outstanding transactions and Reward Dollars, and may result in you involuntarily forfeiting Reward Dollars you have earned, and (b) changes will not affect issued or redeemed Rewards Certificates except to the extent allowed by applicable law.
10. Taxes. You are solely liable for any applicable taxes arising out of the accrual or use of Reward Dollars or Rewards Certificates. Consult your tax advisor concerning such tax consequences.
11. Cancelling Program Participation. You may cancel your participation in the Program at any time by calling us at 1-888-556-4353 (TDD/TTY 1-800-695-1788). If you cancel your participation in the Program, you will no longer earn Reward Dollars and you will forfeit your unused and unexpired Reward Dollars. Your cancellation will not affect any previously issued Reward Certificates unless you also close your Account. Your cancellation of the Program does not cancel participation in BIG Rewards. If you choose to cancel your participation in BIG Rewards loyalty program, you will adhere to the BIG Rewards user agreement found at https://www.biglots.com/bigrewards/bigrewards-membership-agreement.
12. Governing Law; Assignment. The Program and these Terms 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. You may not assign your rights or obligations under these Terms to any other person or entity. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS arising from or relating to these Terms ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
"Claim," as used in these Terms means any claim, dispute or controversy that in any way arises from or relates to these Terms.
Any party may elect to arbitrate any claim arising from or relating to these Terms (including disputes about the validity, scope or enforceability of this agreement to arbitration), in which case such claim shall be settled by binding arbitration on an individual basis and not as part of any class or representative action. Arbitration may be elected by any party with respect to any such Claim, even if that party has already initiated a lawsuit with respect to a different Claim. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state's equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration.
The arbitration will be conducted by the American Arbitration Association ("AAA"), JAMS, or any other company selected by mutual agreement of the parties (the "Administrator"), in accordance with the rules of the Administrator. Payment of all filing, administration and arbitrator fees will be governed by the Administrator's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. The arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator's decision must be with written explanation and remain confidential. For purposes of this Section 13, these Terms are governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Opt-Out Procedures: You may choose to opt-out of this Agreement to Arbitrate by sending a written notice within 30 days after the date you accept these Terms for the first time. You may send your opt-out notice by mail or hand delivery to at Comenity Capital Bank PO Box 183003, Columbus, OH 43218-3003. Your opt-out notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. We will provide such notice by mail or e-mail using the contact information on file with us and you must provide such notice by mail to us at Comenity Capital Bank PO Box 183003, Columbus, OH 43218-3003.
14. Entire Agreement; Severability; Conflicts; No Waiver. These Terms contain the entire agreement between you and us regarding the Program, and supersede any previous terms and conditions governing the Program we may have provided to you. The Program is not available where and to the extent prohibited by law. If any part of these Terms conflict with applicable law, that provision will be deemed severed from these Terms and the remainder of the Terms will remain in effect. We will not lose our rights under these Terms because we delay or do not enforce them. All waivers of any of these Terms by us must be in a writing executed by someone with authority to bind us.