Draper's And Damon's Rewards Program Terms ("Program Terms")
Important note: These program terms contain provisions that limit our liability to you, eliminate your right to a trial by jury, require you to resolve disputes with us on an individual basis and not as a part of any class or representative action, and through final and binding arbitration. Review the "Agreement to Arbitrate" section below.
Please read these Program Terms carefully for important information about your rights and obligations in the Draper's & Damon's Rewards Program ("Program"). By participating in the Program, you agree to these Program Terms.
Important note: The Program is provided by Draper's and Damon's and serviced by Comenity Capital Bank ("Bank"). Draper's and Damon's is solely responsible for Program operation and may withdraw the Program or change the terms of the Program at any time. The purpose of the Program is to reward customers for certain uses of their Draper's & Damon's Credit Card ("Card".) The Program Terms may be supplemented with additional terms, conditions, and disclosures, including but not limited to applicable terms related to any promotional offers provided to you for use with the Program.
General Information
The Program allows you to earn Rewards Dollars ("Rewards Dollars") on the Rewards Dollars you spend, as described in the "Earning Rewards Dollars" section below, using your Draper's & Damon's Credit Card Card Account (your "Account"). You can then redeem Rewards Dollars for Draper's and Damon's Reward Certificates
These Program Terms are separate from your Draper's & Damon's Credit Card Credit Card Account Agreement (your "Account Agreement"), which governs the use of your Account. In the event of any conflict between these Program Terms and your Account Agreement, these Program Terms will control in any matter relating to the Program. By using your Account, you agree to be bound by these Program Terms.
All information collected about you in connection with the Program is subject to Draper's and Damon's privacy policy, which can be obtained at www.drapers.com
Earning Rewards Dollars
You will earn Rewards Dollars when you, or an authorized user, make eligible purchases of goods and services for personal, family and household purposes using your Account, minus any returns, refunds or credit adjustments ("Net Eligible Purchases"). Purchases that are not a whole dollar amount will be rounded to the nearest whole dollar amount to determine the amount of Rewards Dollars earned. Purchases that end in $0.50 will be rounded using bankers rounding, where the purchase is rounded to the nearest even whole dollar amount. Example: $2.50 rounds to $2.00 whereas $3.50 rounds to $4.00.
Using your Draper's and Damon's Credit Card, you will earn:
Rewards Dollars are not earned on: gift cards on purchases at Draper's and Damon's unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, interest charges, and fees of any kind.
Draper's and Damon's may temporarily prohibit you from earning Rewards Dollars, using Rewards Dollars, receiving or redeeming Reward Certificates, or using any features of the Program if: your Account becomes delinquent; Comenity Capital Bank suspects that you or any authorized user has engaged in fraudulent activity related to your Account or the Program; or Draper's or Damon's suspects that you misused the Program in any way.
Rewards Dollars awarded for purchases that do not remain Net Eligible Purchases will be deducted from your Rewards Dollars balance. Returned items may result in credits being applied to your Account, which will reduce or may eliminate accumulated Rewards Dollars and may result in a negative Rewards Dollars balance. If your Rewards Dollars balance goes negative, you must first earn Rewards Dollars to bring your Rewards Dollars balance to zero before earning any Rewards Dollars eligible for redemption. Draper's and Damon's and Comenity Capital Bank reserve the right to verify and adjust Rewards Dollars, as applicable, at any time.
Bonus Rewards Dollars for Special Offers
From time to time, Draper's and Damon's may make bonus offers to earn additional Rewards Dollars("Bonus Rewards Dollars"). Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Rewards Dollars limits, or exclusions. You may have to register to qualify for the offer. Draper's and Damon's may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Rewards Dollars already earned. Certain offers may only be communicated via email. Tax and shipping charges are excluded from specials offers and bonuses.
Expiration
Important note: Rewards Dollars will expire 12 months after the date that they are posted to your Rewards Dollars balance.
Reward Certificates expire 90 days from the date they are issued.
Termination and Forfeiture
Important note: Subject to any requirements or limitations of applicable law, Draper's and Damon's may at any time for any reason change or terminate the Program and these Program Terms without notice.
Draper's and Damon's reserves the right to terminate you from the Program. If the Program terminates, Draper's and Damon's terminates you from participating in the Program, or you voluntarily cancel enrollment in the Program, all Rewards Dollars will be forfeited.
Rewards Dollars will be forfeited if any of the following occur: your Account is closed; you terminate your participation in the Program; you or any authorized user engages in any fraudulent activity or misuse related to your Account or the Program, or engage in any activity deemed to be abusive or gaming conduct, as determined by Draper's and Damon's. Misuse includes, but is not limited to, obtaining or using an Account to maximize Rewards Dollars earned in a manner that is not consistent with typical consumer activity as determined in Draper's and Damon's's sole discretion.
Issuing Rewards and Redemption
For every 150 Rewards Dollars you earn, you will receive a $10 Reward Certificate. Reward Certificates will be issued in increments of $10 for every $150 spent in Net Eligible Purchases. Multiple Reward Certificates may be issued, however no more than 1 Reward Certificate will be issued in any billing cycle or other applicable fulfillment time period. Reward Certificates may only be redeemed on qualifying purchases using your Account online at www.drapers.com.
Reward Certificates may not be applied to past purchases or used towards gift cards. Reward Certificate may not be combined with any other discount or certificate, except as otherwise provided. Reward Certificate may only be applied to one transaction and any unused Reward Certificate value will be forfeited.
Draper's and Damon's/Comenity Capital Bank is not responsible for lost or stolen Reward Certificates.
You will receive your Reward Certificate via statement each billing cycle. Contact the Bank to update your contact information for your Account.
Other Terms
Rewards Dollars may not be sold, transferred or altered in any way by you. Rewards Dollars you earn may not be combined with Rewards Dollars earned on any other credit account or earned by anyone else (other than your Authorized User).
Rewards Dollars and Reward Certificates have no cash value and are purely for promotional purposes. Reward Certificates may not be used as payment for any outstanding obligations to the Bank or its affiliates.
If you return merchandise purchased using a Reward Certificate, the dollar value of the Reward Certificate will be forfeited.
Employees of Bluestem Brands are not eligible to participate in the Program.
You may review your Rewards Dollars balance via Account Center or billing statement. It may take up to two billing cycles for Rewards Dollars to post. The amount of Rewards Dollars earned is based on the date your purchase was made, which may be different than the date the transaction posts to your Account. For mail order, special order, online, and other purchases, your transaction may not post to your Account until items have shipped.
Communications and Customer Service
Draper's and Damon's and Comenity Capital Bank may send communications regarding the Program by mail, phone, email or other methods, including through online Account Center or mobile app. By providing your mobile phone number, Draper's and Damon's may contact you about all of your accounts and this Program.
If you have any questions about the Program or to update your contact information, please contact the Customer service phone number on the back of your card OR 1-800-387-9098 (TDD/TTY 1-888-819-1918) or visit Account Center. Draper's and Damon's and Comenity Capital Bank are not responsible for Reward Certificate or communications lost or undelivered due to incorrect or outdated address or email.
You can review your Program activity at comenity.net/drapers.com or on your billing statement.
Rewards Dollars Disputes
If Rewards Dollars you believe were earned have not timely posted to your Rewards Dollars balance, you may dispute your Rewards Dollars balance ("Rewards Dollars Dispute") by calling 1-800-387-9098 (TDD/TTY 1-888-819-1918) or by writing to Comenity Capital Bank, P.O. Box 183003, Columbus, OH 43218-3003. Draper's and Damon's will use reasonable efforts to investigate your Rewards Dollars Dispute if you notify Draper's and Damon's within 90 days of the posting date. If you do not notify Draper's and Damon's within that period, you waive your right to make a Rewards Dollars dispute with respect to that purchase. Draper's and Damon's may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, Draper's and Damon's will have no further responsibilities if you later reassert the same Rewards Dollars Dispute.
Limited Liability
Unless otherwise required by law, neither Draper's and Damon's 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 the Program or these Program Terms, including but not limited to, use of the Program and any redemption for or purchase of products or services through the Program.
No Warranties
Draper's and Damon's, the Bank, and all of each of such company's respective subsidiaries and affiliates make no warranty, express or implied, including but not limited to, any warranties of merchantablity or fitness for a particular purpose with respect to the Program or any products or services related to such Program.
Taxes
You are responsible for any tax liability that may result from participation in the Program or use of any Rewards Certificate. Consult your tax advisor concerning such tax consequences.
Cancelling Program Participation
You may cancel your participation in the Program at any time by calling Draper's and Damon's at 1-800-387-9098 (TDD/TTY 1-888-819-1918). If you cancel your participation in the Program, you will no longer earn Rewards Dollars and you will forfeit your unused and unexpired Rewards Dollars. Your cancellation will not affect any previously redeemed Rewards.
Governing Law; Assignment
The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of Utah. You may not assign your rights or obligations under these Program Terms to any other person or entity. Important note: You and Draper's and Damon's agree that each of us may bring claims arising from or relating to these program 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 Program Terms means any claim, dispute or controversy that in any way arises from or relates to these Program Terms.
Complete Agreement; Severability; Conflicts; No Waiver
These Program Terms supersede any previous terms and conditions governing the Program. The Program is not available where and to the extent prohibited by law. If any part of these Program Terms conflict with applicable law, that provision will be deemed severed from these Program Terms and the remainder of the Program Terms will remain in effect. Draper's and Damon's will not lose our rights under these Program Terms because Draper's and Damon's chooses to delay or not enforce them.
Agreement to Arbitrate
Important note: Any party may elect to arbitrate any claim arising from or relating to these program 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. Draper's and Damon's 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, Draper's and Damon's then has 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, Draper's and Damon's 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 "Agreement to Arbitrate" section, these Program 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 Program Terms for the first time. You may send your opt-out notice by mail or hand delivery to Comenity Capital Bank, P.O. 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. Draper's and Damon's will provide such notice by mail or email using the contact information on file with us and you must provide such notice by mail to us at Comenity Capital Bank, P.O. Box 183003, Columbus, OH 43218-3003.