LEGENDARY PINE REWARDS PROGRAM TERMS ("PROGRAM TERMS")
IMPORTANT NOTE: THESE PROGRAM TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE US TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS. SEE BELOW.
Please read these Program Terms carefully for important information about your rights and obligations in the Legendary Pine Rewards Program ("Program"). By participating in the Program, you agree to these Program Terms.
In these Program Terms, "you" and "your" mean the Account holder. "We," "our," "us," and "Bank" mean Comenity Bank or its successors or assignees.
The Program is provided by Comenity Bank. Comenity Bank 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 Gander Mountain and Overton's Mastercard credit card ("Card").
FOR THE MOST UP-TO-DATE TERMS, PLEASE VISIT COMENITY.NET/GANDERMOUNTAINCARD OR COMENITY.NET/OVERTONSCARD
1. General Information; Definitions . Effective March 30th, 2018 the Program allows you to earn points ("Points") on the dollars you spend as described in Section 3 below, using your Gander Mountain and Overton's Mastercard Account (your "Account"). You can then redeem those Points for certain gift cards ("Rewards"), in accordance with these Legendary Pine ("Program Rules"), the Hinda Merchandise and Gift Certificate/Gift Card Terms and Conditions ("Hinda Terms") as described in Section 4 below. You can redeem on the Program's website ("Program Website") at www.comenity.net/gandermountaincard and www.comenity.net/overtonscard.
These Program Terms are separate and independent from your Gander Mountain and Overton's Mastercard Credit Card Account Agreement (your "Account Agreement"), which governs the use of your Card. 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. 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/gandermountaincard/common/privacy/PrivacyLanding.xhtml. Purchases made online are subject to that website's terms of use.
2. Eligibility; Withdrawal of Program. You are automatically enrolled in the Program as long as you have an open Account. 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 operate 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 Points.
The Program is limited to earning Points for Net Eligible Purchases. Net Eligible Purchases are purchases of goods and services for personal, family and household purposes 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.
Points are not earned on, and the term "Net Eligible Purchases" does not include: returns, refunds, credit adjustments, unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, balance transfers, cash advances or any other transaction treated like a cash advance, interest, fees or other Account activity. We have the right to deduct Points from your Points balance for charges that were not or do not remain Net Eligible Purchases. If your Points balance goes negative, you must first earn Points to bring your Points balance to zero before earning any Points eligible for redemption. Points you earn may not be combined with Points earned on any other credit account. Points earned have no cash value and may not be used as payment of any outstanding obligation to the Bank or its affiliates.
*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 Points, you will receive the additional 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 Points.
(b) Points for Special Offers. From time to time, we may make special offers for you to earn additional Points for Net Eligible Purchases. These additional points are called "Bonus Points." The way to earn Bonus Points, and the Bonus Points that can be earned, may vary. Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Point limits, or exclusions. You may have to register to qualify for the offer. We may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. Your Net Eligible Purchase must be completed and the transaction charged to your Account during the special offer period in order for you to earn the applicable Bonus Points. For mail order, special order, online, and other purchases, please be aware that your Account may not be charged until items purchased have shipped. During special offer periods, making a return in the same transaction as your purchase may result in earning fewer Points because Points are calculated off of your Net Eligible Purchase (in this case, your purchase minus return).
(c) Posting of Points Earned; Expiration; Forfeiture. You will receive your Points balance on your Account statement each month. Please note that it often takes 1-2 weeks or more for Points from a Net Eligible Purchase to post to your Points balance. At any time, we may verify and adjust your Points balance based on our records and based on certain purchases not constituting, or no longer constituting, Net Eligible Purchases. Points will remain available in your Points balance until they are redeemed as described in Section 4, are forfeited, or expire.
Points will expire 36 months after the date that they are posted to your Points balance. Except as otherwise provided by applicable law, you will forfeit all unused Points if you file for bankruptcy, or your participation in the Program is terminated or your Account is closed for any reason. You will also forfeit Points as described below and in Sections 9 and 11. You will not receive any compensation or new Points for your Points that expire or are forfeited.
Points 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 Points.
4. Rewards. You may redeem Points for Rewards on the Program Website, as described below in the Hinda Terms, so long as your Account is in Good Standing. If your Account is not in Good Standing, you will not be eligible to redeem Points for Rewards until the end of the next billing period in which your Account is once again in Good Standing. Points will be redeemed on a "first in, first out" basis, such that the first Points earned will be the first Points redeemed. Once redeemed, Rewards cannot be withdrawn or changed by us, even if we withdraw or modify the Program, except as expressly provided in these Program Terms.
Points and Rewards will not be honored retroactively in connection with any prior purchases. Points and Rewards may not be used as payment of any outstanding obligations to the Bank or its affiliates. To the extent allowed by applicable law, we may cancel any earned or outstanding Points or Rewards 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.
The rewards available under the Program are subject to change and may be discontinued in full or in part without notice.
You may use Points to obtain Rewards through Hinda, a non-affiliated third party, who is solely responsible for the administration of the Program with respect to the purchase of goods or services offered in their catalog purchased with your Points. Points may be used to obtain Rewards so long as your Account is in Good Standing, as described in Section 2.
(1) Return Policy. No returns or exchanges are allowed on gift certificates/gift cards. Lost or stolen gift certificates/gift cards may be replaced at Hinda's sole discretion. Contact Hinda Customer Care at 1-800-621-4112 or customerservice@hinda.com to determine if a lost or stolen gift certificate/gift card is eligible for replacement.
(2) Merchandise Fulfillment. Delivery of gift certificates/gift cards Rewards will be made by UPS or another nationally known carrier or first-class mail whenever possible and will ordinarily take approximately two (2) to four (4) weeks from time of order. Merchandise shipments cannot be made to a post office box. Not all merchandise items are available outside the continental United States. Areas such as Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands may require additional shipping and handling charges to fulfill merchandise orders. For more information, visit the Program Website. If a specific merchandise item is discontinued, Hinda reserves the right to substitute a similar item of equal or greater value.
(3) Other Fulfillment Procedures. Hinda may establish additional procedures related to fulfillment of Rewards. The procedures will be disclosed prior to redeeming Points for Rewards from Hinda.
(4) Additional Terms for Gift Certificates/Gift Cards. Terms and conditions regarding non-use and expiration may apply to gift certificate and gift card Rewards. Such terms will be as set forth on your gift certificate/gift card. You should review the gift certificate/gift card upon receipt to identify any additional terms and conditions.
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 at www.comenity.net/gandermountaincard or by calling 1-866-353-2214 (TDD/TTY: 1-800-695-1788) for Gander Mountain cardholders OR www.comenity.net/overtonscard or by calling 1-800-695-1219 (TDD/TTY: 1-800-695-1788) for Overton's cardholders. We are not responsible for Rewards or communications lost or undelivered due to incorrect or changed address or other contact information.
You can view your Program activity at www.comenity.net/gandermountaincard or www.comenity.net/overtonscard or on your billing statement. For customer service, call us at 1-866-353-2214 (TDD/TTY: 1-800-695-1788) for Gander Mountain cardholders OR 1-800-695-1219 (TDD/TTY: 1-800-695-1788) for Overton's cardholders.
6. 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 Account Agreement, do not apply to the Program. If Points you believe were earned have not timely posted to your Points balance, you may dispute your Points balance ("Points Dispute") by calling 1-866-353-2214 (TDD/TTY: 1-800-695-1788) for Gander Mountain cardholders OR 1-800-695-1219 (TDD/TTY: 1-800-695-1788) for Overton's immediately. We will use reasonable efforts to investigate your Points Dispute if you notify us within 90 days of the posting date. If you do not notify us within that period, you waive your right to make a Points Dispute with respect to that purchase. We 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, we will have no further responsibilities if you later reassert the same Points Dispute. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Points Dispute, is for us to credit the disputed Points to your Points balance.
All disputes related to the Program are subject to the Class Action Waiver, Jury Trial Waiver and Arbitration Provision in your Account Agreement.
7. Limited Liability. Unless otherwise required by law or our agreements with you, neither the Bank nor any of 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 items 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 we or they may 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. In addition, unless otherwise required by law or our agreements with you, you and we each waive the right to seek punitive or exemplary damages against the other.
8. No Warranties. The Bank does not: (a) endorse items purchased with Points through the Program; (b) make any express or implied warranty regarding items purchased with Points through the Program; or (c) guarantee the performance of items purchased with Points through the Program.
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 Program Terms. To the extent allowed by applicable law, (a) changes may apply retroactively, and may affect outstanding transactions and Points, and may result in you involuntarily forfeiting Points you have earned, and (b) changes will not affect redeemed Rewards 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 Points or Rewards. 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 1-866-353-2214 (TDD/TTY: 1-800-695-1788) for Gander Mountain cardholders OR 1-800-695-1219 (TDD/TTY: 1-800-695-1788) for Overton's cardholders. If you cancel your participation in the Program, you will no longer earn Points and you will forfeit your unused and unexpired Points. Your cancellation will not affect any previously redeemed Rewards unless you also close your Account.
12. 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 Delaware without any reference to its choice of law provisions. You may not assign your rights or obligations under these Program Terms to any other person or entity. YOU AND WE 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.
13. Entire Agreement; Severability; Conflicts; No Waiver. These Program 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 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. We will not lose our rights under these Program Terms because we delay or do not enforce them. All waivers of any of these Program Terms by us must be in a writing executed by someone with authority to bind us.
The Gander Mountain and Overton's Mastercard® is issued by Comenity Bank pursuant to a license from Mastercard International Incorporated. Mastercard and the Mastercard Brand Mark registered trademarks of Mastercard International Incorporated.
The Overton's Mastercard® is issued by Comenity Bank, pursuant to a license from Mastercard International Incorporated. Mastercard and the Mastercard Brand Mark are registered trademarks of Mastercard International Incorporated.