VITACOST HEALTHY PERKS MASTERCARD - PROGRAM TERMS
ALL OF THE PROGRAM TERMS ARE SUBJECT TO THE JURY
TRIAL WAIVER AND ARBITRATION PROVISION IN YOUR CREDIT
CARD ACCOUNT AGREEMENT.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. THEY
CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS
AND OBLIGATIONS IN THE VITACOST HEALTHY PERKS
POINTS ACCRUED UNDER THIS PROGRAM EXPIRE ONE (1)
YEAR FROM THE DATE THEY ARE EARNED. BEFORE THEIR
EXPIRATION, YOU MAY REDEEM POINTS FOR VITACOST REWARD
CERTIFICATE CODES VALID AT VITACOST.COM. REWARD
CERTIFICATES ARE ISSUED FOR AWARD PURPOSES AND EXPIRE
SIXTY (60) DAYS FROM THE DATE THEY ARE ISSUED.
YOU WILL NOT BE CHARGED FEES IN CONNECTION WITH THE
REWARD CERTIFICATES. SEE YOUR CREDIT CARD ACCOUNT
AGREEMENT FOR ANY FEES THAT YOU MAY INCUR FOR USING
General Information; Definitions; Changes.
The Vitacost Healthy
Rewards MasterCard Program (the "Program") allows you to earn
points ("Points") on the dollars you spend as described in Section
3 below, using your Vitacost Healthy Perks MasterCard Account
These Program Terms are separate and independent from your
Vitacost Healthy Perks MasterCard Credit Card Account Agreement
(your "Credit Card Account Agreement"), which governs the
use of your Vitacost Healthy Perks MasterCard (your "Credit
Card" or "Card"). In the event of any conflict between these Program
Terms and your Credit Card Account Agreement, these Terms
will control in any matter relating to the Program.
In these Program Terms, "Cardholder", "Participant", "you" and
"your" mean the Account holder. "Bank", "we," "our," "ours,"
and "us" mean Comenity Capital Bank or its assignees. Other
capitalized words not specifically defined have the same meaning
as in your Credit Card Account Agreement. The Program is
not available to the extent it is prohibited by federal, state, or
local law. These Program Terms contain the entire understanding
between you and us regarding the Program. FROM TIME TO
TIME WE MAY CHANGE THE PROGRAM AND THESE PROGRAM
TERMS IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING
ANY APPLICABLE NOTICE REQUIREMENTS.
You will be automatically enrolled in the Program
when you open your Account. To remain eligible to accumulate
Points under the Program, your Account must be in Good Standing.
means your Account is open to new charges
and is not (1) more than 60 days past due under the Account
Agreement or (2) 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,
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
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.
The number of Points earned depends on where the Net New Purchases
are made. You will earn:
Five (5) Points for each $1.00 of Net New Purchases made
on Vitacost.com for Vitacost Brand products
CSI, Best of All and ARO. "Vitacost Brand" means any
brand listed at www.vitacost.com/vitacostbrandcategories.
Two (2) of the five (5) Points are earned at the time of purchase.
The remaining three (3) Points are a bonus and will
be awarded by the end of your billing cycle.
Two (2) Points for each $1.00 of Net New Purchases made
on Vitacost.com for Non-Vitacost Brand products
means any brand sold on Vitacost.com that is not
listed at http://www.vitacost.com/vitacostbrandcategories.
Two (2) Points for each $1.00 of Net New Purchases made at
gas stations, grocers, athletic clubs, and spas
and Health"). Purchases for Gas, Grocery and Health are
determined by merchant category codes assigned by Master-
Card. If you have questions about whether a purchase would
qualify as a Gas, Grocery or Health purchase, please call us at
1-877-882-3535 (TDD/TTY 1-888-819-1918).
One (1) Point for each $1.00 of Net New Purchases made
everywhere else MasterCard is accepted
"Net New Purchases"
means purchases of goods and/or services
made by the Cardholder or any Authorized User of the 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 negative Points balance,
in which case, any Points you earn will be applied to reduce that
balance and you will not be able to redeem Points until you again
have a positive 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, or interest or fees.
If your Account is not Current, your Points will continue to accumulate;
however, you will not be eligible to redeem them until the
end of the billing period in which your Account is once again Current.
means your Account (1) is open to new charges,
(2) is not delinquent or in default under the Account Agreement,
(3) does not have a balance over the assigned credit line, and (4)
is not flagged as lost, stolen, or fraudulent according to Bank's written
or electronic records.
Points will be posted to your Points balance on the Program Website
on the same day that the purchase is posted to your Account and
will be available for redemption at that time. Bonus Points for purchases
of Vitacost Brand products are posted within seven (7) days
of the day that the purchase is posted to your Account. Points are
considered earned when they are posted to the redemption system.
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 cycle or year.
4. Redeeming Points for Reward Certificates.
A rewards certificate
will be sent on a monthly basis if enough points have accumulated
in your account.
1,000 Points = $10 Vitacost Reward Certificate
You may redeem a maximum of 5,000 Points per billing cycle.
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 Certificate(s). In
the event a return, refund, or credit adjustment results in insufficient
Points for the Reward Certificate(s) ordered, the order may
not be fulfilled. If the Reward Certificate order is fulfilled and we
later discover that you did not have sufficient Points for the Reward
Certificate(s) in your Points balance, in addition to any other actions
we may take, future Points earnings will be applied to the
Reward Certificate(s) until such time as sufficient Points are earned
to cover the redemption of the Reward Certificate(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 Reward Certificates. 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.
5. Point Expiration and Forfeiture.
Points not redeemed will be
carried over to the following statement period. However, Points will
expire one (1) year after the date that they are earned.
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 we 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
6. Reward Certificate Terms and Conditions.
Limit one (1) Reward
Certificate per Vitacost.com purchase
A Reward Certificate is not
combinable with any other discount or certificate. Reward Certificates
have no cash value and may not be applied to taxes or shipping
charges. Reward Certificates will not be honored retroactively
in connection with any prior purchases. Reward Certificates expire
60 days after issuance.
Purchases made on Vitacost.com are subject
to Vitacost.com Terms and Conditions at www.vitacost.com/
terms-and-conditions. In the event that any Vitacost.com Terms
and Conditions conflict with these Program Terms, the Program
Terms will control.
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 the Program Website, vitacostmastercard.com.
8. Program Activity.
You can view your Program activity at the
Program Website, vitacostmastercard.com., which will show the
number of unused and unexpired Points in your Points balance
and any redemption activity. You can also call us at 1-877-882-
3535 (TDD/TTY 1-888-819-1918) for such information and to
find out whether you earned Points from a particular transaction.
9. Customer Service.
If you want to know whether a Reward
Certificate was properly redeemed, want to know the status of
a redemption order, or want to ask any other question regarding
the Program, call us at 1-877-882-3535 (TDD/TTY 1-888-819-
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 Credit Card Account Agreement, do not apply to the
If you believe that a purchase made with your Card
should have resulted in the addition of Points to your accumulated
Points balance, and such Points are not reflected in the accumulated
Points balance within forty-five (45) days of the date on
which the purchase posted to your Account ("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 Credit Card Account
10. Limited Liability.
We may waive any obligation you have
under these Program Terms without losing our right at a later
time to enforce that same obligation. We will not lose any of
our rights under these Program Terms if we delay taking action
for any reason. If we take any other action, we will not lose any
rights under these Program Terms.
Unless otherwise required by law or our agreements with you,
neither we nor Vitacost, 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
Certificates obtained through the Program; (c) any loss, damage,
expense or inconvenience caused by any occurrence outside of
our control; (d) any content, products or service appearing on a
website to which we provide a link from the Program Website; or
(e) any taxes that you incur as a result of receiving or redeeming
Points. Notwithstanding the foregoing, any liability that we 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
11. No Warranties
We do not: (a) endorse Reward Certificates
or products purchased on Vitacost.com; (b) make any express or
implied warranty regarding Reward Certificates or products purchased
on Vitacost.com; (c) guarantee the performance of Reward
Certificates or products purchased on Vitacost.com; or (d) operate
or control Reward Certificates 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
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,
the expiration date of Points, and the maximum number of Points
that may be earned per billing cycle 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 1-877-
882-3535 (TDD/TTY 1-888-819-1918). 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
14. Lost, Stolen or Damaged Cards.
You will not lose your unused
and unexpired 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.
All information collected about you in connection with
at the Program Website, vitacostmastercard.com.
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, 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 Reward
Certificates 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.
. 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.
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 Utah, without any reference to its choice of
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.