Westgate 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 Westgate Rewards Mastercard® Rewards Program ("Program"). By participating in the Program, you agree to these Program Terms.
Important note: The Program is provided by Westgate Resorts, Inc. ("Client Name") and serviced by Comenity Bank ("Bank Name"). Westgate Resorts 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 Westgate Rewards Mastercard® 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.
For the most up-to-date terms, please visit comenity.net/westgatecard
General Information
The Program allows you to earn Points ("Points") on the dollars you spend, as described in the "Earning Points" section below, using your Westgate Rewards Mastercard® Card Account (your "Account"). You can then redeem Points for Westgate Resorts Reward Certificates.
These Program Terms are separate from your Westgate Rewards Mastercard® 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 Westgate Resorts's privacy policy, which can be obtained at https://www.westgateresorts.com/privacy-policy.
Earning Points
You will earn Points 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 Points 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.
You will earn:
*Reward Merchant Classification Codes:
Merchants who accept MasterCard are assigned a merchant classification code ("MCC"), which is determined by the merchant or its processor in accordance with MasterCard procedures based on the products and/or services they primarily sell. Comenity Bank and Westgate Resorts do not control the assignment of these codes and are not responsible for incorrectly coded purchases. Even though a merchant or some of the items it sells may appear to fit within a certain rewards category, the merchant may not have a code in that category. Purchases made with third-party payment accounts, including but not limited to PayPal and Venmo, will not earn additional Points.
Points are not earned on: unauthorized or fraudulent charges, charges that violate the terms of your Account Agreement, balance transfers, cash advances, transactions treated similar to cash advances, interest charges, and fees of any kind.
Westgate Resorts may temporarily prohibit you from earning Points, using Points, receiving or redeeming Reward Certificates, or using any features of the Program if: your Account becomes delinquent; Comenity Bank suspects that you or any authorized user has engaged in fraudulent activity related to your Account or the Program; or Westgate Resorts suspects that you misused the Program in any way.
Points awarded for purchases that do not remain Net Eligible Purchases will be deducted from your Points balance. Returned items may result in credits being applied to your Account, which will reduce or may eliminate accumulated Points and may result in a negative Points balance. 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. Westgate Resorts and Comenity Bank reserve the right to verify and adjust Points, as applicable, at any time.
Bonus Points for Special Offers
From time to time, Westgate Resorts may make bonus offers to earn additional Points ("Bonus Points"). Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Points limits, or exclusions. You may have to register to qualify for the offer. Westgate Resorts may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. Certain offers may only be communicated via email.
Expiration
Points will expire 18 months after the date that they are posted to your Points balance.
Reward Certificate expire 18 months from the date they are issued.
Termination and Forfeiture
Important note: Subject to any requirements or limitations of applicable law, Westgate Resorts may at any time for any reason change or terminate the Program and these Program Terms without notice.
Westgate Resorts reserves the right to terminate you from the Program. If the Program terminates, Westgate Resorts terminates you from participating in the Program, or you voluntarily cancel enrollment in the Program, all Points will be forfeited.
Points 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 Westgate Resorts. Misuse includes, but is not limited to, obtaining or using an Account to maximize Points earned in a manner that is not consistent with typical consumer activity as determined in Westgate Resorts's sole discretion.
Issuing Rewards and Redemption
For every 2,500 of Points you earn, you will receive a $25 Reward Certificate. Reward Certificates will be issued in increments of $25, with a minimum amount of $25 and no maximum. Reward Certificates may only be redeemed on qualifying purchases using your Account at Westgate Resorts.
Reward Certificates may not be applied to past purchases or Westgate Cruise & Travel purchases. Reward Certificates may not be combined with any other discount or certificate, except as otherwise provided. Reward Certificates may only be applied to one transaction and any unused Reward Certificate value can be partially redeemed if the purchase amount does not exceed the Rewards Certificate amount.
Westgate Resorts is not responsible for lost or stolen Reward Certificates.
You will receive your Reward Certificates via your billing statement each month. Contact the Bank to update your contact information for your Account.
Other Terms
Points may not be sold, transferred or altered in any way by you. Points you earn may not be combined with Points earned on any other credit account or earned by anyone else (other than your Authorized User).
Points 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.
You may review your Points balance via Account Center or billing statement. It may take up to two billing cycles for Points to post. The amount of Points 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
Westgate Resorts and Comenity 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, Westgate Resorts 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 1-866-886-1013 (TDD/TTY 1-800-695-1788) or visit Account Center. Westgate Resorts and Comenity Bank are not responsible for Reward Certificate communications lost or undelivered due to incorrect or outdated address or email.
You can review your Program activity at comenity.net/westgatecard or on your billing statement.
Points Disputes
If Points you believe were earned have not timely posted to your Points balance, you may dispute your Points balance ("Points Dispute") by calling 1-866-886-1013 (TDD/TTY 1-800-695-1788 or by writing to Comenity Bank, PO Box 182273, Columbus OH 43218. Westgate Resorts will use reasonable efforts to investigate your Points Dispute if you notify Westgate Resorts within 90 days of the posting date. If you do not notify Westgate Resorts within that period, you waive your right to make a Points dispute with respect to that purchase. Westgate Resorts 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, Westgate Resorts will have no further responsibilities if you later reassert the same Points Dispute.
Limited Liability
Unless otherwise required by law, neither Westgate Resorts 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.
Important note: Notwithstanding the foregoing, any liability that Westgate Resorts 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.
No Warranties
Westgate Resorts, 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 Reward Certificates. Consult your tax advisor concerning such tax consequences.
Cancelling Program Participation
You may cancel your participation in the Program at any time by calling Westgate Resorts at 1-866-886-1013 (TDD/TTY 1-800-695-1788. 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.
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.You may not assign your rights or obligations under these Program Terms to any other person or entity. Important note: You and Westgate Resorts 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. Westgate Resorts will not lose our rights under these Program Terms because Westgate Resorts 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. Westgate Resorts 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, Westgate Resorts 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, Westgate Resorts 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 Westgate Resorts, 5601 Windhover Dr. Orlando, FL 32819. 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. Westgate Resorts 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 Westgate Resorts, 5601 Windhover Dr. Orlando, FL 32819.
Licensing
The Westgate Rewards Mastercard® is issued by Comenity Bank, pursuant to a license from MasterCard International Incorporated. MasterCard is a registered trademark of MasterCard International Incorporated.