PROGRAM TERMS
Gander Mountain and Overton's Rewards Program
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
THEY CONTAIN IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS IN THE GANDER
MOUNTAIN AND OVERTON'S REWARDS PROGRAM.
ALL OF THE PROGRAM TERMS ARE SUBJECT TO THE
JURY TRIAL WAIVER AND ARBITRATION PROVISION
IN YOUR CREDIT CARD ACCOUNT AGREEMENT.
POINTS ACCRUED UNDER THIS PROGRAM EXPIRE
36 MONTHS FROM THE DATE THEY ARE EARNED.
YOU MAY REDEEM POINTS FOR REWARDS CERTIFICATES
VALID AT GANDER MOUNTAIN STORES,
OVERTON'S STORES, WWW.GANDERMOUNTAIN.COM
AND WWW.OVERTONS.COM. REWARD CERTIFICATES
ARE ISSUED FOR AWARD PURPOSES AND EXPIRE
6 MONTHS FROM
THE DATE THEY ARE ISSUED.
THIS REWARDS PROGRAM IS PROVIDED BY GANDER
MOUNTAIN WHICH IS SOLELY RESPONSIBLE FOR
THE PROGRAM OPERATION. GANDER MOUNTAIN
MAY CHANGE THE TERMS OF THE PROGRAM AT ANY
TIME.
These Program Terms are separate and independent from your Gander Mountain Credit Card account, Gander Mountain MasterCard account, and Overton's MasterCard Account Agreement ("Agreement"), which governs the use of your Gander Mountain ("Card"). In the event of any conflict between these Program Terms and your Agreement, these Terms will control in a matter relating to the Program.
In these Program Terms, "you" and "your" mean the Account holder. "We," "our," and "us" mean Gander Mountain and Overton's. "Bank" means Comenity Bank or its assignees. Other capitalized words not specifically defined have the same meaning as in your Agreement.
There is no additional cost to you to participate in the Program. See your Agreement for any fees that you may incur for using your Gander Mountain Credit Card, Gander Mountain MasterCard, or Overton's MasterCard .
The Program is not available to the extent it is prohibited by federal, state, or local law. FROM TIME TO TIME WE MAY CHANGE THE PROGRAM AND THESE PROGRAM TERMS IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING ANY APPLICABLE NOTICE REQUIREMENTS.
2. Eligibility. You will be automatically enrolled in the Program when the Bank opens your Account. To remain eligible to accumulate Points under the Program, your Account must be in Good Standing. "Good Standing" means your Account is (1) open to Agreement and (3) not flagged as lost, stolen, or fraudulent according
to Bank's written or electronic records. Membership will be renewed automatically each year as long as your Account is in Good Standing and we continue to offer the Program, unless you notify us of cancellation. Notwithstanding anything to the contrary in these Program Terms, we reserve the right to approve, deny or revoke membership in the Program to any individual at any time for any reason whatsoever.
3. Earning Points. You will earn Points for Net New Purchases on your Account so long as your Account is in Good Standing. How you earn points depends on whether you have a Gander Mountain Credit Card, Gander Mountain MasterCard, or Overton's MasterCard as follows.
|
|
Gander Mountain Credit Card |
Gander Mountain MasterCard |
Overton's MasterCard |
|
Gander Mountain or Overton's Purchases |
3 points for each $1.00 of Net New Purchases at Gander Mountain |
3 points for each $1.00 of Net New Purchases at Gander Mountain |
3 points for each $1.00 of Net New Purchases at Overton's |
|
Gas and Groceries** |
N/A |
2 points for each $1.00 of Net New Purchases for gas and grocery** |
2 points for each $1.00 of Net New Purchases for gas and grocery** |
|
Everywhere else MasterCard is Accepted |
N/A |
1 point for each $1.00 of Net New Purchases everywhere else MasterCard is accepted |
1 point for each $1.00 of Net New Purchases everywhere
|
|
Add an Authorized Buyer |
500 BONUS Points |
500 BONUS Points |
500 BONUS Points |
**Double points on gas applies to the first $500 spent per calendar month and 1 Point per $1.00 thereafter.
Merchant Classification: Each merchant – that is a retailer, business or any other place where you can make a purchase – is assigned a code that indicates the merchant's area of business. For example, gas stations or grocery stores are each generally assigned a specific merchant code. We don't assign or have any control over merchant codes. Merchant codes are chosen and assigned by a third party, who may change the codes from time to time. When you make a purchase at a merchant, we are provided the code for the merchant. If the merchant code matches a category that gives you additional rewards, you will receive the additional rewards points for that purchase. Because we don't control what code a merchant is assigned, sometimes a purchase that you think fits a certain category may not earn additional rewards points.
Some or all of such special offers to accumulate additional Points may require you to register your Account in order to be eligible for the offer. For special offers requiring registration, the offer will provide you with information on how to register, as well as the time period in which you must register in order to be eligible for the offer; you must register within the required time period and prior to making a qualifying purchase in order to receive the additional Points on such purchase.
"Net New Purchases" means purchases of goods and/or services made by you or any Authorized User on your Account minus any returns, refunds or credit adjustments, rounded to the nearest dollar. Points awarded for purchases that are returned or refunded or otherwise adjusted will be deducted from your Point total. Such deductions may result in a zero Points balance.
Points are not earned on: balance transfers, convenience checks, cash advances, overdraft advances, unauthorized or fraudulent charges, purchases of money orders, travelers checks, foreign currency or other cash equivalents, purchases made by or for a business or for a business purpose; fraudulent transactions; and transactions subject to adjustment; or on interest or fees of any kind, such as finance charges, late payment fees, and cash advance fees.
We may from time to time make special offers for you to earn additional Points on specific purchases. The terms and conditions for such special offers (such as which purchases qualify and the number of additional Points you may earn) will be disclosed at the time of offer. Please check those terms and conditions carefully, as there may be important conditions or limitations (such as blackout periods, point limitations or exclusions). Availability of any special offer is subject to change without notice.
Points are considered earned when they are posted to the redemption system. Points will be posted to your Points balance on your billing statement and https://comenity.net/gandermountaincard, https://comenity.net/gandermountain and/or https://comenity.net/overtonscard on the same day that the purchase is posted to your Account. We reserve the right to verify and adjust Points at any time prior to or following posting or redemption.
There is no maximum number of Points that may be earned per billing period or year.
4. Redeeming Points for Rewards. Gander Mountain and Overton's Rewards will be mailed directly with your billing statement in $10 increments as shown below:
1000 points = $10 Reward Certificate
Points will be redeemed on a "first in, first out" basis, such that the first Points earned will be the first Points redeemed.
Once a redemption order is placed, your Points balance will be reduced by the number of Points used to obtain the Reward(s). In the event a return, refund, or credit adjustment results in insufficient Points for the Reward(s) ordered, the order may not be fulfilled. If the Reward order is fulfilled and we later discover that you did not have sufficient Points for the Reward(s) in your Points balance, in addition to any other actions we may take, future Points earnings will be applied to the Reward(s) until such time as sufficient Points are earned to cover the redemption of the Reward(s). You will not be able to redeem Points until you again have a positive balance.
Points you earn may not be combined with Points earned by anyone else for purposes of receiving Rewards. Points earned have no cash value, and cannot be purchased, sold or redeemed for cash. Points may not be used as payment of any outstanding obligations to the Bank or its affiliates.
You may only redeem Points if your Account is Current. If your Account is not Current, you will not be eligible to redeem them until the end of the billing period in which your Account is once again Current. "Current" means your Account (1) is open to new charges, (2) is not delinquent or in default under the Agreement, (3) does not have a balance over the assigned credit limit, and (4) is not flagged as lost, stolen, or fraudulent according to Bank's written or electronic records.
5. Point Expiration and Forfeiture. Points not redeemed will be carried over to the following statement period. However, Points will expire 36 months after the date that they are earned. Once Points expire, they may not be redeemed. You will also forfeit your unused and unexpired Points if you attempt to violate the prohibitions on the transfer of Points, if you file for bankruptcy, or if the Bank or you close your Account for any reason. You will not be entitled to and will not receive any compensation from us for your Points that expire or are forfeited.
6. Rewards. A Reward is not combinable with any other discount or certificate, except as otherwise provided in a specific offer. Rewards have no cash value and may not be applied to taxes or shipping charges. Rewards cannot be used to purchase gift cards or licenses. Rewards will not be honored retroactively in connection with any prior purchases. Reward certificates expire 6 months from the date they are issued. Comenity Bank and Gander Mountain are not responsible for lost or stolen Reward Certificates.
7. Communications. We may communicate with you regarding any matter related to the Program by mail, telephone, or electronic communication. You may update your contact information at https://comenity.net/gandermountaincard, https://comenity.net/gandermountain and/or https://comenity.net/ overtonscard or by calling 888-332-4709 (TDD/TTY 800-695- 1788) for the Gander Mountain MasterCard, 1-866-353-2214 (TDD/TTY: 1-800-695-1788) for the Gander Mountain Credit Card or 1-800-695-1219 (TDD/TTY 1-800-695-1788) for Overton's. We are not responsible for communications, including Rewards, lost due to change of address or other contact information.
8. Program Activity and Customer Service. You can view your Program activity, the number of unused Points in your Points balance and any redemption activity at https://comenity.net/gandermountaincard, https://comenity.net/gandermountain and/or https://comenity.net/overtonscard, or on your billing statements.
You can also call us at 888-332-4709 (TDD/TTY 800-695-1788) for the Gander Mountain MasterCard,
1-866-353-2214 (TDD/TTY: 1-800-695-1788) for the Gander Mountain Credit Card or 1-800-695-1219 (TDD/TTY 1-800-695-1788) for Overton's for such information and to find out whether you earned Points from a particular transaction; whether a Reward was properly redeemed; the status of a redemption order; or want to ask any other question regarding the Program.
9. Points Disputes. Your billing rights and the special rights that apply when you are dissatisfied with your credit card purchases, which rights are set forth in your Agreement, do not apply to the Program. If you believe that a purchase made on your Account should have resulted in the addition of Points to your Points balance, and such Points are not reflected in the Points balance within forty-five (45) days of the date on which the purchase posted to your Points balance ("Points Dispute"), notify us immediately. We will use reasonable efforts to investigate your Points Dispute so long as you notify us of such dispute within ninety (90) days of the posting date of such purchase. If you do not notify us within such ninety (90)-day period, you will have waived your right to make a Points Dispute with respect to that purchase. In order for us to undertake an investigation of your Points Dispute, we may require you to provide written confirmation of the dispute. If we do not receive the requested written confirmation at the address and within the time requested by us, we may in our sole discretion determine not to investigate your Points Dispute. Upon completion of our investigation of your Points Dispute, we will have no further responsibilities should you later reassert the same Points Dispute.
All disputes related to the Program are subject to the Jury Trial Waiver and Arbitration Provision in your Agreement.
10. Limited Liability. Unless otherwise required by law or our agreements with you, neither the Bank nor Gander Mountain or Overton's, nor any of our or its affiliates, officers, directors, employees, 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 temporary suspension of the Program; (b) any claim relating to any products purchased using any Reward 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 Points. Notwithstanding the foregoing, any liability that wemay have to you in connection with the Program shall be limited to the amount of any Points you have earned in accordance with these Program Terms.
11. No Warranties. We do not: (a) endorse Rewards or products purchased at Gander Mountain stores, Overton's stores, nor http://www.gandermountain.com nor www,overtons.com (b) make any express or implied warranty regarding Rewards or products purchased at Gander Mountain stores, Overton's stores, nor http://www.gandermountain.com nor www,overtons.com (c) guarantee the performance of Rewards or products purchased at Gander Mountain stores, Overton's stores, nor http://www.gandermountain.com nor www,overtons.com (d) operate or control Rewards offered through this Program.
12. Changes to the Program. Subject to any notice requirements and other limitations imposed by applicable law, we may, at any time: (a) change, limit, or terminate any aspect of the Program or these Program Terms, including the types of Rewards available, the items available as Rewards, and the cost of Rewards; (b) terminate the Program in its entirety; (c) amend these Program Terms in whole or in part, including adding provisions covering subjects not previously addressed; (d) discontinue or replace any Rewards with similar Rewards or Rewards of lesser, equal or greater value; (e) add or increase fees charged in connection with the Program; or (f) terminate your participation in the Program for any reason. Changes may apply retroactively and may affect outstanding transactions and Points, and may include, without limitation, the earnings rate for Points, the number of Points required to obtain specified Rewards, the type of transactions qualifying for Points, the type or value of Rewards, and the maximum number of Points that may be earned per billing period or year. Any of the foregoing actions may be taken even if such actions affect the value of Points already earned.
13. Cancelling Program Participation. You may cancel your participation in the Program at any time by calling us at 888-332-4709 (TDD/TTY 800-695-1788). If you cancel your participation in the Program, you will no longer earn Points and, as previously noted, you will forfeit your unused and unexpired Points.
14. Lost, Stolen or Damaged Cards. You will not lose your unused Points if your Card is lost, stolen or damaged and we provide a replacement Card, even if such replacement Card has a different Account number. However, if your Card is reported as lost, stolen, or damaged you will not earn Points until we provide a replacement Card.
15. Privacy and Website Terms of Use. All information collected about you in connection with the Program is subject to our privacy policy, which can be obtained at http://www.gandermountain.com/help-center/privacy.shtml or https://comenity.net/overtonscard/public/onlineprivacy/OnlinePrivacy.xhtml. Purchases made on www.gandermountain.com and www.overtons.com are subject to Terms and Conditions at https://comenity.net/gandermountain/public/agreements/tac.xhtml. In the event that www.gandermountain.com or www.overtons.com Terms and Conditions conflict with these Program Terms, the Program Terms will control.
16. Not Transferable. Points are not your property and are not transferable to anyone by operation of law or otherwise. Points may not be transferred between accounts issued by us or the Bank, may not be transferred upon death or as part of any domestic relations legal proceedings, and may not be brokered, bartered, sold or transferred in any way. Any attempted transaction of such sort will automatically be void. Anyone selling, purchasing, brokering, bartering, transferring, or altering Points, either wholly or partially, shall be liable for payment of the applicable full retail price of any Rewards obtained with them, as well as all damages, including, but not limited to consequential damages, transaction costs, and litigation costs (including attorney's fees and costs at trial and on appeal and in any bankruptcy proceeding). Any brokered, bartered, altered, sold, or purchased Points shall likewise be void and may be deducted from your Points balance. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.
17. Taxes. You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of Points. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.
18. Severability. If a court of competent jurisdiction or any government agency determines that any provision of these Program Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Program Terms. However, all other provisions will remain in full force and effect.
19. Governing Law. The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of Delaware, without any reference to its choice of law provisions.
20. Entire Agreement; No Waiver By Us. These Program Terms contain the entire understanding between you and us regarding the Program. These Program Terms replace and supersede any previous terms and conditions governing the Program we may have provided to you. We can delay enforcing our rights under these Program Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.
The Gander Mountain MasterCard is issued by Comenity Bank, pursuant to a license from MasterCard International Incorporated. MasterCard is a registered trademark of MasterCard International Incorporated.
The Overton's MasterCard is issued by Comenity Bank, pursuant to a license from MasterCard International Incorporated. MasterCard is a registered trademark of MasterCard International Incorporated.
Rev. 07/06/16