Terms and Conditions | ATB My Rewards

ATB FINANCIAL® ALBERTA MY REWARDS™

MASTERCARD® (POINTS) TERMS AND CONDITIONS

Effective March 7th, 2011

 

1. REWARD PROGRAM

These terms and conditions apply to the ATB Financial Alberta My Rewards® Program (the “Program”) associated with the Card Account that allows you to earn and redeem points for select merchandise and travel under the Program (the “Rewards”). These terms replace all prior terms and conditions with respect to the Program.

Capitalized terms used herein, unless otherwise defined, are given their respective meanings in the Definitions Section 10 herein.

2. ACCEPTANCE OF TERMS

If you activate, sign, use or accept your Card, this means that you have received, reviewed and agree to these terms and conditions. Notwithstanding any other provision in these terms and conditions, posting of the current version of these terms and conditions at www.atb.com shall be deemed to be notice to you, where notice is required to be given to you.

3. ELIGIBILITY

The Program is automatically available to you provided the Card Account is in Good Standing. You are not eligible for the Program if you use the Card for business purposes. While you are responsible for any fees, interest and other charges applicable to your Card, the Program is offered at no extra cost and is in addition to the other benefits reserved for Cardholders. While all cards are automatically included in the Program, for the purpose of earning Points (as defined below), Points are solely for the benefit of the Primary Cardholder(s). Authorized Users are not participants in the Program and have no rights against ATB under these terms and conditions.

4. POINTS

4.1. Points – The Program is based on a points system. ATB Financial Alberta My Rewards® Points (the “Points”) will be awarded to your Card Account on the terms and conditions set forth in this document and may only be redeemed as set out in Sections 5.6 and 7 herein. Points have no cash value and do not constitute your property for any purpose. There is only one set of Points for each Card Account, regardless of the number of Cards issued.

4.2. Earning Points – During the operation of the Program, Points are awarded for the Net Purchase of goods and services charged to your Card Account provided your Card Account is in Good Standing at the time the purchase is posted to your Card Account. For the purposes of these terms and conditions “Net Purchases”:

• includes Purchases of goods or services charged to the Card Account; and

• excludes Cash Advances, miscellaneous credit adjustments, annual membership fees, interest charges and administrative/service charges.

Points cannot be earned after the date your Card Account is closed or the date the Program is terminated. You will not earn Points for transactions that have not been posted to your Card Account.

4.3. Calculating Points – Unless we advise you otherwise, you will earn Points at a rate of 5 Points for every $1.00 in Net Purchases posted to your Card Account. For the purpose of calculating points, net purchases will be rounded down to the nearest whole number (i.e. $23.48 in Net Purchases to $23.00 for which you will earn 115 points). We reserve the right to determine which Net Purchases qualify for Points.

4.4. Posting/Adjusting Points – Points will be added to your Card Account within a reasonable period of time after a debit transaction has been posted to your Card Account. Points will be deducted or adjusted from your Card Account:

4.4.1. When a credit transaction is posted to your Card Account for returned merchandise or adjustments are made for previously billed charges;

4.4.2. Based upon the appropriate earn rate at the time of calculation even though the return or adjustment may relate to Purchases that earned Points at a different rate;

4.4.3. From future issued Points for returns or adjustments which are not fully offset by Points earned; and

4.4.4. When redeemed for Purchases in accordance with Section 5.4 herein.

4.5. Points Balance – Your monthly Statement will show your Points balance from the last Statement, the number of Points earned or adjusted during that Statement period, the amount of Points redeemed during that Statement period, as well as your new Points balance. You can also obtain this information by contacting the ATB Financial My Rewards Service Centre.

4.6. Points Verification – You are required to verify your total number of Points on each Statement. If you find any errors or omissions, or have any objections to a points Statement, you must notify us in writing within 30 days from the date of the Statement. If you do not notify ATB as required, we are entitled to treat the Statement as correct and binding on you and we will be released from all claims by you with respect to that Points Statement.

4.7. Points and Rewards Records – We may use a microfilm, electronic or other reproduction of any Statement or other document to establish the amount of your Points and Rewards received. Our records of your Points and Rewards received will be final, conclusive and binding on you.

5. REDEEMING POINTS – GENERAL

5.1. Who can Redeem Points – Only a Primary Cardholder has the right to redeem Points. If there is more than one Primary Cardholder, any one Primary Cardholder can redeem Points and, by doing so, will be deemed to be acting as agent and on behalf, and with full authority, of all Primary Cardholders.

5.2. Password – At or near the time the Card Account is opened, a Primary Cardholder must advise us of the password to assign to the Card Account (the “Password”). You may, from time to time change the Password upon notice to us; however, such change will only be effective once it has been inputted into our or our agent’s systems. Any person who you provide the Password to will be deemed to be acting as your agent and on your behalf, and will have the full authority with respect to the redemption of Points earned on the Card Account if they use the Password and even if the Points are redeemed for the benefit of that person. The Primary Cardholder(s) are responsible for ensuring that the Password is only disclosed to those persons whom you wish to grant this authority. If the Password is disclosed to any unauthorized person (either intentionally or unintentionally), then you release us from any claim or liability whatsoever that you may have held against us with respect to the use of that Password.

5.3. How to Redeem Points – To redeem Points for Rewards, we may, in our discretion, require that the Password be provided to us, our agent or suppliers. If the Password is not provided when a redemption request is made, we may refuse to redeem Points regardless of who is requesting the redemption. In order to redeem Points, the Program must be active (meaning not cancelled by you or us) and the Card Account must be in Good Standing, and you must accumulate the required number of Points at the time of the redemption request for the Reward requested or supplement with cash.

5.4. Point Redemptions and Credits – On the date a Reward is ordered, your Card Account will be debited the number of Points necessary for the Reward selected. If a redemption order is cancelled, and provided the Reward selected is not final and allows cancellation, your Card Account will be credited the applicable number of Points on the date we receive the necessary information.

5.5. Rewards Catalogue – All merchandise items and travel available as Rewards through the Program are described in the applicable brochure/catalogue and in other sources authorized by us such as the Internet (www.atbmyrewards.com), e-mail offers, or direct mail. No order for items shown in a brochure/catalogue for each calendar year will be accepted after the issuance of a new catalogue or after the stated expiry date. The earlier of the two dates will apply.

5.6. Choosing Rewards – You must accumulate the required number of Points for the Reward chosen at the time of the redemption request. The number of Points required for each Reward is set out in the applicable brochure/catalogue and in other sources such as the Internet, e-mail offers, or direct mail. All applicable taxes and shipping charges are included in the value of the Points required to order each item.

5.7. Taxes – If you redeem Points, you are responsible for declaring the total value of the merchandise or travel Rewards received to the appropriate tax authorities if and as required by applicable law. Any personal, federal or provincial income tax liability arising from the accumulation of Points and the redemption of Rewards is your sole responsibility and we are released of all liabilities in this regard. We do not issue tax receipts.

6. REDEEMING POINTS FOR REWARDS – MERCHANDISE

6.1. Merchandise Availability – All merchandise Rewards can be ordered subject to availability. The items received may not be exactly as illustrated in the catalogue as manufacturers have the right to make changes or to discontinue models at any time without prior notice. If the ordered item is no longer available, a similar item of equal value will be substituted whenever possible. If a suitable substitution is not available, you will be contacted and advised to make another selection or cancel your order. If your order is cancelled prior to delivery, the applicable Points and the cash amount charged to your Card Account, if applicable, will be credited to your Card Account. If the item is temporarily unavailable, you will be informed as to when the item will be delivered.

6.2. Ordering Merchandise – You can order your Rewards merchandise or obtain further information by contacting the ATB Financial My Rewards Service Centre.

6.3. Merchandise Delivery – You will be sent the Rewards merchandise item(s) ordered via pre-paid delivery, to the address you indicated with your order. Please allow 4 to 6 weeks for delivery from the date of receipt of your order. While every attempt is made to deliver items quickly, we cannot guarantee delivery times and we are not responsible for delays caused by situations beyond our control. Please note that deliveries cannot be made to a Post Office Box or to addresses outside Canada.

6.4. Merchandise Returns and Cancellations – If the item ordered arrives damaged or with pieces missing, you must contact the ATB My Rewards Service Centre within 48 hours of receipt for replacement without additional charge. If you are not completely satisfied with the item you have ordered, you have 30 days from receipt of the merchandise to return it (10 days for electronic/audio visual equipment, or jewelry) however, you must contact the ATB My Rewards Service Centre prior to returning the item for return instructions. Returned items must be in resellable condition, unused and in the original packaging. If you do not wish to replace the item, the applicable Points and any amount charged to your Card Account, if applicable, will be credited to your Card Account.

7. REDEEMING POINTS FOR REWARDS – TRAVEL

7.1. Redeeming Points for Travel – You can redeem Points for travel Rewards. The number of Points required is set out in the applicable catalogue and other sources authorized by us such as the brochures, on the internet at www.atbmyrewards.com, or by calling the ATB My Rewards Service Centre. You can redeem Points for travel Rewards by using Points only, Points plus a charge to your Card Account or by charging the total amount to your Card Account.

A handling charge will be assessed for all travel Rewards. The handling charge that will be applied is dependent on the total value of the travel Rewards that is being redeemed at the time of redemption and is calculated as follows:

• For travel redemption with a value of $499.99 or less, the handling charge will equal 5% of the value of the travel Reward redemption.

• For travel redemption with a value of $500.00 or more, the handling charge will equal $25.

The handling charge can be paid by using Points (in such case the handling charge will be converted to Points and added to the total number of Points required for the travel redemption), Points plus a charge to the Card Account, or by charging the total amount of the handling charge to the Card Account. If the handling charge is paid (either partially or fully) by Points, it will be converted into Reward Points at a rate of conversion as determined by us in our sole discretion. The handling charge is subject to GST.

7.2. Reservations – To qualify for Rewards, reservations must be made through the ATB My Rewards Service Centre. Reservations made other than through this Centre do not qualify as travel Rewards and cannot be ordered using Points. ATB assumes no responsibility or liability for such arrangements. It is recommended your reservations be made a minimum of two weeks in advance of your departure date.

7.3. Confirmation of Reservation – Reservations made through the ATB My Rewards Service Centre will be confirmed in writing within two weeks of verbal confirmation. In cases where time does not permit, you will be contacted by telephone by a travel consultant.

7.4. Travel Availability – All travel Rewards found in the brochure/catalogue or any other document forwarded to you by ATB are subject to availability from the travel suppliers, and subject to their terms and conditions.

7.5. Ticket Delivery – Your tickets and related travel documents will be sent to you by mail to the address indicated by you, if your reservation is confirmed at least two weeks prior to the date of your departure. Otherwise, they will be sent to you by a courier service and you will be responsible for the courier service cost. Tickets cannot be delivered to addresses outside Canada. ATB is not responsible if you fail to receive travel documents if we sent them to the address or in accordance with the contact information on the Card Account, or in accordance with your reasonable instructions.

7.6. Travel Cancellation – Travel cancellation is subject to the terms and conditions of the travel supplier. In some cases, cancellations are not allowed or are subject to cancellation fees, which will be charged to your Card Account. If your reservation is permitted to be cancelled, the number of Points, and the amount you paid for the reservation on your Card, if applicable, will be credited to you.

7.7. Travel Documents – You are responsible to ensure that you, and those persons traveling with you, have all necessary travel documents as required by law. You may be denied boarding if you do not have the required documentation. ATB is not responsible if you do not have the necessary documentation to travel.

8. ACCOUNT ISSUES

8.1. Account Closure

8.1.1. Account Closure by You – Provided the Card Account has remained in Good Standing, if the Card Account is closed by you during the operation of the Program, earned Points can be redeemed for Rewards within 60 days from the date the Card Account is closed. All Points which have not been redeemed within this time period will be automatically cancelled without notice to you and may not be subsequently redeemed, transferred or converted. Only Points that have accumulated on the Card Account, according to our records, at the time of redemption can be redeemed.

8.1.2. Account Closure by Us – If we have cancelled your Card Account, for any reason other than voluntary closure by you, all accumulated Points will be automatically cancelled without any compensation or notice to you and may not be subsequently redeemed, transferred or converted.

8.2. Death of Cardholder – If we receive verification of the death of a Primary Cardholder:

8.2.1. If there is only one Primary Cardholder on the Card Account, the Card Account will be closed, the accumulated Points will be available for redemption by the Primary Cardholder’s estate for up to 60 days after the closure of the Card Account. Points which have not been redeemed within 60 days of the closure of the Card Account will automatically be cancelled without notice and may not be subsequently redeemed, transferred or converted.

8.2.2. If there is more than one Primary Cardholder(s) on the Card Account, the remaining Primary Cardholder can request either that:

(i) the Card Account be closed and the accumulated Points be transferred to a new ATB Financial MasterCard card account in their name;

or (ii) the Card Account remain open and the deceased Primary Cardholder’s name be removed from the Card Account.

In either case, the deceased Cardholder and his or her administrators or executors waive and forever release us from any and all claims, actions, causes of action, counterclaims, defenses or other claims whatsoever with respect to the Points or the closure of the Card Account.

8.3. Separation or Divorce – Points are not divisible in the case of separation or divorce.

8.4. Transferring Points – Points are not transferable from the Card Account to another cardholder’s account. However, if you have more than one eligible Card Account in your name, you may combine the accumulated points. If your Card has been lost or stolen, applicable points will be automatically transferred to your new Alberta My Rewards MasterCard account.

8.5 Conversion of Points – If you are enrolled in a different rewards program offered by us (the “Other Program”), if we permit, you may convert any points earned (but not redeemed) under that program to a Card Account opened in your name under this Program subject to such restrictions and conditions we may impose from time to time in our sole discretion. If we permit such conversion:

(a) the rate of conversion will be determined by us in our sole discretion;

(b) we may limit the number of Points that may be converted;

(c) you must pay any service fees charged by us for such conversion;

(d) we may close your card account associated with the Other Program and open a new card account in your name under this Program.

In such case, any unpaid Debt charged to your previous card account will be transferred to the new Card Account and you continue to be liable to us for such Debt; and

(e) conversion of Points from the Other Program to this Program shall constitute redemption of those Points for the Other Program.

9. GENERAL

9.1. Changes to Program/Rewards – We reserve the right to change any of the rules, regulations, terms, conditions, merchandise and travel Rewards, level of Points (and cash, if applicable) required to obtain Rewards, suppliers of Rewards and the terms and conditions of the Program, in whole or in part, from time to time, with or without notice, including, but not limited to, the formula upon which Points are earned or calculated.

9.2. Termination of Program:

9.2.1. Termination of Program – We reserve the right to terminate or suspend the Program and cancel any earned Points without prior notice at any time. In such case, provided the Card Account is in Good standing, at our option, within 60 days of the termination date of the Program the accumulated Points may be redeemed. All Points which have not been redeemed within this time period will be automatically cancelled without notice or compensation to you and may not be subsequently redeemed, transferred or converted.

9.2.2. Termination of Program for Cause – We may, with or without notice, suspend or terminate your participation in the Program and cancel any accumulated Points (without compensation to you) in the event of: (a) fraud or abuse by you relating to the Program; (b) failure by you to follow these terms and conditions; or (c) your bankruptcy. Once Points are cancelled they may not be subsequently redeemed, transferred or converted.

9.3. Limitation of Liability – We are not liable for any losses, damages, illnesses, injuries, accidents, delays or other troubles that occur to you during a travel Reward trip or while using or installing any of the offered Rewards. All travel and merchandise suppliers are selected based on their reputation and commitment to provide quality service. However, we do not accept responsibility for the failure of any supplier to provide a Reward as described. Every effort will be made to replace an item ordered by another of equal value, or to credit the Points and amount charged to your Card, if applicable. We will not assume any responsibility for the costs you may incur relative to a merchandise or travel Reward. This section on limitation of liability will survive termination of your participation in the Program.

9.4. Representations – We make no representations or warranties with respect to the value, quality or fitness of the Rewards.

9.5. Waiver – If we fail to exercise, or delay in exercising, any of our rights, or if we waive our rights on any given occasion it shall not be considered a waiver of any of our rights at any time on any other occasion.

9.6. Interpretation – Any disputes or disagreement regarding the Program and the interpretation of these terms and conditions will be resolved by us in our sole discretion.

9.7. Headings – The headings in these terms and conditions are added for convenience only and do not change the meaning of any provision of these terms and conditions.

9.8. Use of Personal Information – Your request for or use of ATB products and or services is your acknowledgement ATB will collect, use and disclose your Personal Information in accordance with ATB’s Collection, Use and Disclosure Statement (Privacy Statement), which we provide to you. Details of ATB’s commitment to protecting our customers’ privacy are set out in ATB’s Privacy Code. A copy of ATB’s Privacy Statement and Privacy Code can be obtained at www.atb.com, from an ATB branch, or by calling 1-888-ATB-5678 (282-5678). You acknowledge that we may disclose to an Authorized User information about transactions made by such Authorized User without prior notice to you.

9.9. How to Reach Us – You may contact us at the ATB Financial My Rewards Service Centre, toll free at 1-800-949-0820.

10. DEFINITIONS

In these terms and conditions, the words:

“ATB” means Alberta Treasury Branches, operating as ATB Financial;

“Authorized User(s)” means a person to whom a card has been issued under the Card Account at the request or authorization of a Primary Cardholder;

“Card” means the ATB Financial Alberta My Rewards® MasterCard and any additional or replacement Cards which may be issued to you from time to time, including without limitation, any device deemed to be a Card, which you can use to incur charges on your Card Account;

“Card Account” means the ATB Financial Alberta My Rewards MasterCard account (Points Option) we have opened for and in the name of the Primary Cardholder(s);

“Cardholder(s)” means each Primary Cardholder(s) and each Authorized User(s);

“Cash Advance” means an advance of cash (if authorized) obtained through the use of, or in connection with, a Card or a cheque, including cash withdrawals from an automated banking machine, cash like transactions such as balance transfers, money orders, wire transfers, traveler’s cheques and gambling transactions (including betting, off track betting, race track wagers, casino gaming chips, lottery tickets);

“Good Standing” means your Card Account is not overdrawn or you not in default in any of the terms and conditions of the ATB Financial MasterCard Personal Cardholder Agreement;

“Primary Cardholder” means each person who has applied for the Card, who is liable to repay the debt and whose name the Card Account has been opened;

“Purchases” means goods or services (or both) obtained by a Cardholder(s) from any merchant honouring the Card;

“Statement” means the periodic billing statement we may issue to you for the Card Account;

“We”, “our” and “us” refer to ATB;

“You”, “your” and “yours” means the Primary Cardholder(s).