Terms and Conditions

 

 

 

 

US Program Terms and Conditions

Last Modified: July 11, 2023

 

This Amex Offers Program (the “Program”), brought to you by American Express Travel Related Services Company Inc. and its affiliates (collectively, “AXP”), allows you redeem offers delivered or displayed on your account (each, an “Offer”, and each platform in which an Offer is delivered or displayed, a “Platform”)[CL1] . Please carefully review the following terms and conditions (this “Agreement”) before participating in the Program. This Agreement applies to anyone holding a US issued card ("Card Member").

 

By participating in any part of the Program, you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you should not participate in the Program. Additionally, your participation in the Program is subject to the terms applicable to each Offer (“Offer Terms”).

 

If you have any questions regarding the Program or this Agreement, please contact customer service: 

  • If you have a U.S. Card issued by American Express, you can chat with us. Go to amex.co/chatnow and log in to your American Express online account using your americanexpress.com User ID and Password and click on “Live Chat” to chat live with a customer care professional.
  • If you have a Card issued by a licensed third-party financial institution or a registered American Express Serve® Card or Bluebird® Card, please call the number on the back of your Card to speak with a customer service representative.

 

Table of Contents

A. Eligibility/Registration

1. Eligible Cards

 

Only a valid US American Express Consumer Card, a US Business Card from American Express OPEN , a US American Express branded card issued by a third-party financial institution, a registered American Express Serve® Card or a registered American Express Bluebird® Card are eligible to participate in the Program (each an “Eligible Card”). The following Cards are not eligible: American Express Corporate Cards, American Express® Gift Cards and Prepaid Cards excluding registered American Express Serve® Cards and American Express Bluebird Card. Use of your Eligible Card is subject to your Card Member agreement governing your Eligible Card account.

 

2. Eligible Card Members

 

All Card Members may be eligible to participate in the Program. We may consider the number of American Express Cards you have opened and closed as well as other factors in making a decision on your eligibility to participate in the Program. You may not be eligible to participate in the Program if we, in our sole discretion, determine that you have previously engaged in abuse, misuse or gaming of the Program, or any other AXP program. Additional Card Members may also be eligible to participate in the Program and available Offers may vary for each eligible Card Member. Please review the terms of each Offer for details on how to redeem.

 

3. Registration/Enrollment of Eligible Cards

 

If you are an eligible Card Member you may register or enroll your Eligible Card through the Platforms and by following the instructions provided on an applicable registration or enrollment page.

 

B. How the Program Works

1. Offers

 

To redeem an Offer, you must have an active Eligible Card account which is not in default (for American Express Serve® Cards, you must have available funds), register or enroll in an Offer and then make Qualifying Transaction(s) before 11:59pm Mountain Standard Time (“MST") on the date of Offer expiration, and comply with the applicable Offer Terms. Transactions that satisfy all requirements specified in the Offer Terms and this Agreement are referred to as “Qualifying Transactions.”

 

If AXP does not receive information that identifies a transaction as a Qualifying Transaction, the transaction will not qualify for the Offer. For example, some transactions may not qualify if they are not made directly with the participating merchant or if they are made with an electronic wallet or through a third-party.

 

Issuance of Statement Credits. Unless otherwise disclosed in the Offer Terms, statement credits will appear on your statement within ninety (90) days after the end of the applicable offer period, provided that we receive information about your Qualifying Transactions. Statement credit may be reversed if a Qualifying Transaction is returned or cancelled.

 

Other Type of Rewards. Please note that your ability to earn other types of rewards associated with your Eligible Card —such as Membership Rewards—based on spending may be based, in the case of Qualifying Transactions, on the charge after any statement credits have been applied. If the Qualifying Transaction is subject to finance charges, such charges may accrue on the total amount of the Qualifying Transaction prior to the application of any statement credit, and the balance upon which such charges are assessed may include the gross amount of your Qualifying Transaction from the date such transaction was made (i.e., without any savings from the Offer being applied). You will be responsible to pay amounts due as provided in the terms of your agreement with American Express governing your Eligible Card account (as defined below).

 

Foreign Currency Transactions. You may also benefit from Offers while travelling. If you make a Qualifying Transaction in a foreign currency, the applicable Statement Credit will be credited in USD.

 

Foreign Currency Conversion. Foreign currency charges will be converted by the issuer of your Eligible Card. Qualifying Transactions do not include foreign currency conversion fees and charges. If you have any questions or concerns about your Eligible Card account including, without limitation, foreign currency conversion, please call the number on the back of your Eligible Card for assistance. 

 

Offer Availability. Enrollment in Offers may be limited. Unless otherwise disclosed in the Offer Terms, Offers will be available until the first to occur (i) enrollment limits are met or (ii) 11:59pm MST on the date of Offer expiration.

 

2. Questions Regarding Transactions Appearing on Your Statement or in a Notification

 

If you have any questions regarding a transaction appearing on your statement, or in an email communication or a push notification, please contact customer service:


If you have a U.S. Card issued by American Express, you can chat with us. Go to amex.co/chatnow and log in to your American Express online account using your americanexpress.com User ID and Password and click on “Live Chat” to chat live with a customer care professional.

 

If you have a Card issued by a licensed third-party financial institution or a registered American Express Serve® Card or Bluebird® Card, please call the number on the back of your Card to speak with a customer service representative.

 

C. Privacy and Security

Any information provided to AXP in connection with the Program (e.g., information submitted during registration) is governed by the Privacy Statement available at www.amexnetwork.com/privacy.html. AXP uses your personally identifiable information (“PII”), such as name, email address, country, and Eligible Card account number, to confirm your eligibility for participation in the Program and to provide you Offers and products through the Program. AXP also uses information you provide through the Platforms regarding your location to provide you with relevant Offers.

 

To facilitate your participation in the Program, AXP creates a unique identifier that does not contain your account number, which serves to identify you to the Platforms as a customer possessing a connected card. In addition, your unique identifier helps facilitate the process of presenting Offers, registering/enrolling you in Offers and servicing relating to Offers, including enabling the Platforms to know which Offers you’ve added to your Card. AXP may provide certain transaction data regarding an Offer to a merchant participating in such Offer. AXP does not provide a merchant participating in an Offer with access to your unique identifier. For more information about how we share your information with a participating merchant, please review the privacy notice applicable to your American Express product or service and our Privacy Statement.

D. Fraud / Gaming

You agree to immediately notify AXP if you suspect fraudulent or abusive activity in connection with the Program. If AXP suspects fraudulent or abusive activity, you will cooperate with AXP in any investigation thereof and use any fraud prevention or other measures AXP prescribes. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your equipment and the Eligible Card you used to participate in the Program. AXP reserves the right, at its sole discretion, to disqualify any person suspected of tampering with any aspect of the Program, or any other program made available by AXP, or that AXP believes to be acting in an improper or disruptive manner, and to seek damages from any such person to the fullest extent permitted by law.

 

AXP reserves the right to suspend or cancel any Offer or the Program if any fraud, gaming by users, technical failures or similar factors impair the integrity or proper functioning of such Offer or the Program, the registration/enrollment process, or a transaction which results, or is reasonably likely to result, in any unforeseen or unpredicted loss or damage to AXP. 

E. Availability/Limitations on Liability/Disclaimer of Warranties

AXP reserves the right, at its sole discretion and at any time, to suspend, cancel or terminate your eligibility to participate in the Program, any Offer, registration/enrollment in any Offer, and fulfillment of any Offer, with or without notice, including, without limitation, if AXP determines or otherwise suspects that you have engaged in improper, unlawful or other activity in violation of applicable law or otherwise not in conformance with this Agreement.

 

You are solely responsible for obtaining and maintaining all telecommunications, broadband, equipment, and services needed to access or participate in the Program. AXP, its licensed issuers, agencies, participating merchants, third party service providers, internet service providers, and their respective employees, officers, directors and agents (collectively with AXP, “Released Parties”) are not responsible for: (1) any aspect of any Offer, including, without limitation, incorrect or inaccurate information associated with or utilized in an Offer; (2) any transmission delays, interruptions, omissions, deletions, defects, or failures of any kind resulting in suspension of any registration/enrollment page, the Program, any Offer or otherwise, including, without limitation, equipment or system malfunctions, performance degradations, service interruptions, or disconnections or disruptions in phone lines, wireless service provider networks, network hardware or software or internet connectivity; (3) unauthorized human intervention in any part of any Offer, or the Program; or (4) computer, mechanical, printing, typographical, technical or non-technical, or human or other errors or omissions or computer viruses or damage which may occur in connection with the administration of any Offer, any registration/enrollment page or the Program or the processing of your registration/enrollment in or fulfillment of any Offer. If any of the foregoing occurs, your sole remedy shall be to terminate this Agreement.

 

Participation in the Program may involve the electronic transmission of personal financial information across the network of wireless service providers. AXP does not operate or control the wireless networks used to access the Program and/or related services, and therefore, AXP cannot guarantee the privacy or security of wireless data transmissions. Additionally, the wireless device browser is generally pre-configured by your wireless internet service provider. Check with your service provider for information about their privacy and security practices. For personal or confidential information sent to or from AXP over the internet from a mobile phone, we require that a “Secure Session” be established using transportation layer security.

 

The Program, the registration/enrollment pages and the Offers are provided on an “As Is” and an “As Available” basis. AXP specifically disclaims any warranties regarding any goods or services advertised in conjunction with any Offer, and disclaims any implied warranties, including any warranties of merchantability or fitness for a particular purpose. You hereby release the Released Parties from all claims relating to your participation in any Offer or the Program, access to and registration on any registration/enrollment page, and use of any Offer. This paragraph E shall survive termination of this Agreement.

F. No Amendment of Existing Terms and Conditions

This Agreement and the Offer Terms do not amend, change or replace any other notices or information that you may receive in connection with your Eligible Card account including, without limitation, any information provided to you on your periodic statement or your agreement with American Express governing your Eligible Card account. In case of any conflict between this Agreement and your agreement with American Express governing your Eligible Card account, the terms and conditions of your agreement with American Express governing your Eligible Card account shall control. 

G. Governing Law

If your Eligible Card is issued by AXP, this Agreement and any and all claims arising out of or in connection with this Agreement shall be governed by and interpreted under the Governing Law section of your agreement with American Express governing your Eligible Card account, which you can access here: https://www.americanexpress.com/en-us/company/legal/cardmember-agreements/.If your Eligible Card is issued by a third-party financial institution, this Agreement and any and all claims arising out of or in connection with the terms and conditions of this Agreement shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. 

H. Dispute Resolution

For this section, a “claim” means any current or future claim, dispute or controversy relating to any Offer, the Program, or this Agreement. “We” and “us” means AXP and any corporate parents, subsidiaries, affiliates or related persons or entities. If your Eligible Card is issued by AXP, any and all claims shall be governed by the Dispute Resolution and/or Arbitration section of your agreement with American Express governing your Eligible Card account, which you can access here: https://www.americanexpress.com/en-us/company/legal/cardmember-agreements/. If your Eligible Card is issued by a third-party financial institution, any and all claims shall be governed by the Arbitration subsection set forth below. This paragraph H shall survive termination of this Agreement. If any portion of this Dispute Resolution section, except as otherwise provided in the Limitations on Arbitration subsection below, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Dispute Resolution section.

 

Sending a Claim Notice. Before beginning a lawsuit or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally. Go to americanexpress.com/claim for a sample claim notice. The claim notice must describe the claim and state the specific relief demanded. Notice to us must include your name and address and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

 

Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.

 

The party electing arbitration may select either JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association (“AAA”) (1-800-778-7879, adr.org). Claims will be resolved pursuant to this Arbitration provision and the rules of the selected organization, except where those rules conflict with this Agreement. If we choose the organization,
you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

 

Limitations on Arbitration. If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claim to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated.

 

Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.

 

Arbitration Procedures. This arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and we agree that the arbitration will be confidential. You and we agree that you and we will not disclose the contact of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing or by an in-person hearing. At any party’s request, the arbitrator will provide a brief written explanation of the award. The arbitrator’s award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence.

 

Arbitration Fees and Costs. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees, but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any offer we made before the final hearing in arbitration, the arbitrator’s award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys’ fees, costs and expert and other witness fees.

I. Changes to This Agreement

AXP reserves the right to change or modify this Agreement from time to time by posting such modified version on https://www.americanexpress.com/en-us/benefits/offers/partner-terms/. Upon modification, AXP will update the date indicated after “Last Modified” at the beginning of this Agreement. If you do not agree with the current or a modified version of this Agreement, you must not participate in the Program.

 

Your participation in the Program following the effective date of such change constitutes your agreement to be bound by this Agreement as modified and its applicability to you.