Effective Date: 08/06/2023
These Fizz Promotional Program Terms and Conditions (the “Program Terms”) give you detailed information about how Fizz Discounts (the “Discount Program”) and Fizz Rewards (the “Rewards Program”) (collectively, the “Programs”) work. These Program Terms supplement and are made a part of the Fizz Terms of Use (the “TOU Agreement”) and are subject in all respects to the terms and conditions of the TOU Agreement, including but not limited to, any arbitration provisions. In the event of a conflict between the TOU Agreement and these Program Terms, these Program Terms will control, but only to the extent necessary to resolve the conflict. Capitalized terms used in these Program Terms but not defined herein are as defined in the Agreement.
By enrolling or otherwise participating in the Programs, it means that you accept these Program Terms. If you were previously enrolled in a Fizz rewards program prior to the effective date of this agreement, you will automatically be enrolled in the Programs and these Program Terms replace any prior rewards terms. Any “cashback” you may have accrued but have not redeemed or “cashed out” will be converted to Rewards Points as described in Section 13 below.
Eligibility
To participate in the Programs, your Fizz Card must remain in good standing at all times. If (i) your Fizz Card is not in good standing for any reason, including, without limitation, because you deactivate your Fizz Card, or (ii) Fizz determines in its sole discretion that you are misusing the Programs or have otherwise violated the TOU Agreement, the Cardholder Agreement, Line of Credit Agreement, or the Program Terms, then you may be ineligible to earn Discounts or continue to accrue Rewards, and you may forfeit any Discounts and Rewards previously earned or accrued.
Fizz may temporarily or permanently suspend the Programs and/or disqualify you from participating in the Programs and/or adjust or cause to be forfeited any or all Discounts and Rewards accrued as a result of your abusive behavior, fraud, misrepresentation, any violation of law, violation of any other agreement with Fizz or one of Fizz’s affiliates or Participating Merchants, or any other violation of any of the Program Terms, as determined by Fizz in its sole discretion. Discounts and Rewards cannot be combined with other discount or reward programs unless specifically authorized by Fizz. For the avoidance of doubt, some transactions may be eligible to earn both Discounts and Rewards. Fizz may cancel or forfeit any Discounts or Rewards you may accrue under the Programs if you default on any provision of the terms of the TOU Agreement or the Cardholder Agreement.
Fizz Discount Program
The Discount Program enables Fizz Card users to receive discounts directly from Fizz by making purchases from eligible merchants (“Participating Merchants”) through certain promotions that we may make available from time to time. By using a Fizz Card, users will be able to receive discounts of varying amounts from purchases made at Participating Merchants (“Discounts”). Discounts will not appear or be reflected on your transaction receipt from Participating Merchants at the time of purchase. Rather, Discounts will be deducted from the outstanding balance on your Line of Credit (your “Fizz Card Balance”), and any discounted amount will not be counted toward your Credit Limit. Any additional terms governing participation in a promotion will be presented to you through the Services.
Qualifying Transactions under the Discount Program
All posted purchases you make with your Fizz Card at a Participating Merchant qualify for the Discounts, subject to the limitations in this paragraph. The exact offer terms for receiving Discounts will be dictated by Fizz and the Participating Merchant, and may include, but are not limited to, the discount amount offered, a minimum transaction amount, expiration date of the offer, and any other additional terms or limitations associated with the Discount (“Discount Terms”). Excluded transactions include transactions that do not meet the Discount Terms or are deemed fraudulent, disputed transactions and transactions subject to chargebacks. Fizz may determine that a transaction type or particular transaction is excluded from eligibility for Discount accrual at any time. Any Fizz Card transaction conducted or effectuated while you are in default of the TOU Agreement, Cardholder Agreement or Line of Credit Agreement does not qualify as a qualifying transaction, unless otherwise permitted by Fizz. Fizz reserves the right to determine, in our sole discretion, whether a particular transaction is a qualifying transaction. Discounts are offered solely by the Participating Merchants subject to the Discount Program and not offered by or provided through any other merchants.
Fizz Rewards Program
Fizz offers a Rewards Program that enables Fizz Card users to earn points (“Rewards Points”) that can be redeemed for cash that will be deposited directly to the bank account you have linked to your Fizz account, as well as merchandise and other offers as made available by Fizz from time to time. Points can be accumulated in three ways: (1) by making qualifying transactions using your Fizz Card (“Rewards Transactions”) through certain promotions that we may make available from time to time, (2) by referring new users or by being a new user referred to apply for a Fizz Card (“Referrals”); and (3) through additional promotional Rewards opportunities that Fizz may make available on a discretionary basis. Making Rewards Transactions and Referrals will allow you to accrue Rewards Points, which you can then redeem through the App for cash deposits or other merchandise as determined by Fizz in its sole discretion.
Qualifying Transactions under the Rewards Program
All transactions you make with your Fizz Card that have posted to your Line of Credit qualify for Reward Points, subject to the limitations specified in these Program Terms. Such transactions will be considered Qualifying Transactions.
Reward Points for Qualifying Transactions will accrue based on the dollar amount of the Qualifying Transactions. The amount of Rewards Points you will earn per dollar you spend may differ by merchant or transaction type. For example, purchases made with certain categories of Participating Merchants may offer higher accrual rates or bonus Rewards Points for making a purchase of a certain amount. The maximum amount of points a customer may earn per month by a customer based on the rotating category of their choice selected monthly in the app is 5000 rewards points. Current rates for earning Reward Points and bonus Reward Points offers will be disclosed to you in the App and may change at any time.
Excluded transactions include transactions that do not meet the Reward Terms or are deemed fraudulent, disputed transactions and transactions subject to chargebacks. Fizz may determine that a transaction type or particular transaction is excluded from eligibility for Reward Points accrual at any time. Any Fizz Card transaction conducted or effectuated while you are in default of the TOU Agreement, Cardholder Agreement or Line of Credit Agreement does not qualify as a qualifying transaction, unless otherwise permitted by Fizz. Fizz reserves the right to determine, in its sole discretion, whether a particular transaction is a qualifying transaction.
Qualifying Referrals under the Rewards Program
Fizz Users will each be given a unique referral code that you may provide to others when referring them to Fizz. For any Referral made using your referral code, you will accrue Reward Points at the then-current rate for Referrals as disclosed in the App. If you have signed up using a referral code, you will also accrue Reward Points at the then-current rate for Referrals as disclosed in the App.
A Referral occurs when a new customer joins Fizz by applying for and receiving a Fizz Card using your referral code. If the person you provide your referral code to does not qualify for a Fizz Card or does not use your referral code when joining Fizz, it will not count as a Referral. In addition, Fizz reserves the right to deny awarding Reward Points and/or suspend or terminate your participation in the Programs if it determines, at its sole discretion, that a Referral involves a fraudulent or fictitious user or that you are otherwise abusing the Referral Program. Also, any Referral that occurs while you are in default of the TOU Agreement, Cardholder Agreement or Line of Credit Agreement will not accrue Rewards Points.
Additional Reward Points Awards
At our sole discretion, Fizz may offer you from time to time the ability to earn additional Reward Points for completing other actions. Such activities may include, among other things, signing up for a new product, making on-time payments, engaging in a promotion or interacting with certain parts of the App. If Fizz offers you any additional opportunities to earn Reward Points, you will be notified of the opportunity and any terms that apply through the App or by email. Fizz also reserves the right to award Reward Points to users for any or no reason at all.
Reward Points Accrual
Reward Points are not immediately redeemable but will display as pending in the App immediately after you make a Qualifying Transaction, successful Qualifying Referral or complete a specified activity. Reward Points earned for Qualifying Transactions will accrue and be available for redemption no later than 5 business days after you have paid the balance on your Fizz Card for the billing cycle during which you made the Qualifying Transaction. Reward Points earned for Qualifying Referrals will accrue after the referred new user opens a Fizz Account, makes at least $100 in transactions, and successfully repays those transactions. Reward Points offered or awarded for other reasons will accrue as disclosed in the App or to you at the time of the offer.
Accrued Reward Points will display in the App as Available Points.
If you cancel a Qualifying Transaction, return merchandise purchased in a Qualifying Transaction, or otherwise receive a statement credit from a Participating Merchant that offsets a prior Qualifying Transaction, the Reward Points that you received for that Qualifying Transaction will be deducted from future accruals of Reward Points.
Reward Points are not money, have no cash value, and may only be redeemed for offers made through the Programs. Reward Points are not transferrable. You have no property interest or other legal interest in Reward Points.
Redeeming Reward Points
Accrued Reward Points may be redeemed for cash deposit into the external financial account that you have linked to your Fizz account. The exchange rate for Reward Points will be posted on the App and may change at any time.
You may redeem your Reward Points in increments of $5 with a minimum redemption amount of $5. There is a maximum redemption limit of $1000 per month. There is no lifetime account redemption limit.
If you have redeemed your Reward Points for a cash deposit, Fizz will initiate an ACH credit of your funds to the external financial account that you have linked to your Fizz account within 3 days; receipt of that deposit will vary based on the funds availability policy of your external financial institution. If you have redeemed your Reward Points for merchandise or other promotional items offered by Fizz, the delivery of those items will be made in accordance with the terms posted in the App. Once you have redeemed your Reward Points, you cannot change your redemption selection. Fizz does not accept returns or exchanges of cash deposits or merchandise obtained by Reward Points redemption.
Expiration of Reward Points
Reward Points expire two years after the calendar month in which they accrue to your account.
In addition, if you close your Fizz account, all accrued Reward Points will expire within 5 calendar days; you will be able to redeem your Reward Points after account closure but before their expiration. Once any Rewards Points have expired, you will no longer be able to redeem them.
Forfeit of Reward Points
If you close your Fizz account, close your Fizz Card, or unenroll from the Programs, all Reward Points previously earned or accrued are immediately forfeit. Fizz will not reinstate any forfeit or expired Reward Points unless Fizz has made an error.
If Fizz detects evidence of fraud, abuse, misuse, or suspicious activity, as determined by Fizz in its sole discretion, Fizz reserves the right to take action against you, including taking away earned or accrued Reward Points, stopping you from earning or accruing further Reward Points, canceling your enrollment in the Programs, suspending or closing your Fizz account or Fizz Card, and taking legal action against you to recover the value of Reward Points redeemed based on fraudulent activity.
If Fizz terminates the Program or modifies the Program in a way that materially affects the value of Rewards Points you have already earned in a way adverse to you, we will provide you notice of the change and permit you to use or redeem your accrued Rewards Points within 90 days of providing the notice. We will also provide you with notice and a 90-day period to use or redeem your Rewards Points if the Fizz Card program is terminated. Rewards Points that you do not use or redeem after the 90-day period may be forfeited or converted to another type of reward if available at Fizz’s sole discretion.
Discount and Reward Points Miscalculations
It is your responsibility to ensure that earned Discounts and Reward Points are properly accrued and credited in accordance with the Program Terms. If you think you were eligible for a Discount or Reward Points that were not properly reflected in your Fizz Card Balance, Fizz may require that you submit documentary evidence to support such claim that is satisfactory to us, such as a receipt or invoice reflecting the Qualifying Transaction and the method of payment used. You must send a claim for an improperly credited Discount or Reward Points within sixty (60) days after the date upon which the credit was applied or you believe such crediting was supposed to have occurred but did not. If you do not file a claim within sixty (60) days, Discounts and Reward Points earned will be deemed accurate and you will have waived any claim for adjustment. Fizz reserves the right (but is not required) to correct errors it identifies with Discounts or Reward Points, and to adjust Discounts and Reward Points at our sole discretion. If Fizz does not credit, or improperly denies, a Discount or Reward Points redemption to which you were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied Discount or Reward Points redemption, if available, or such other alternative benefit as Fizz, in its sole discretion, may determine.
Conversion of Accrued Legacy “Cashback” to Rewards Points
These Programs and Program Terms replace all prior rewards programs (“Legacy Rewards”) offered by Fizz. If you have accrued any “cashback” under a prior rewards program offered by Fizz that has not been redeemed or “cashed out” by 08/31/2023, your accrued cashback will be converted to Rewards Points. Fizz will convert your cashback at a rate of one Reward Point for every $0.01 in accrued cashback.
Additional Terms
You have no rights or other vested legal interest in accrued Discounts or Rewards Points until they have been applied to your Fizz Card account. Discounts and Reward Points may not be transferred or assigned to any other party, and any attempt to do so shall be void and of no legal effect. The sale or barter of any Discounts or Reward Points is expressly prohibited. You may be disqualified from participating in the Programs and your accrued Discounts and Reward Points may be forfeited if at any time you violate these Program Terms, violate applicable law, or misuse your Fizz Card or any part of the Services.
Fizz and the Participating Merchants may, without prior notice or liability to you, discontinue the Programs or modify the Programs by adding or removing features or functionalities, as applicable, even though such changes may affect Discounts and Reward Points awarded to you. Fizz and the Participating Merchants may limit accrual and redemption of Discounts and Reward Points, as applicable, including through caps, fees, and expiration.
Modifications to the Programs
Fizz may modify, suspend or terminate the Program or the Program Terms at any time without notice except as required by law. Any changes to the Program Terms will be posted to the Fizz website and will be effective upon posting.