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 found at https://joinfizz.com/policies/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 addition to the other agreements, policies and terms applicable to your use of any Fizz products or services, which can be found at https://joinfizz.com/policies (together with the TOU Agreement, the “Policies”). In the event of a conflict between the Policies and these Program Terms, these Program Terms will control, but only to the extent necessary to resolve the conflict insofar as it relates to the subject matter herein; otherwise, the applicable Policy will control. Capitalized terms used in these Program Terms but not defined herein are as defined in the Policies.
By enrolling or otherwise participating in the Programs, it means that you accept these Program Terms and the Policies. 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 and, if applicable, your Fizz Membership, must remain in good standing at all times. If (i) your Fizz Card or your Fizz Membership (if applicable) is not in good standing for any reason, including, without limitation, because you deactivate your Fizz Card or because you fail to pay your Subscription Fee, or (ii) Fizz determines in its sole discretion that you are misusing the Programs or have otherwise violated any of the Policies, 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 or the Policies, 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. 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 Policies.
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
Posted purchases you make with your Fizz Card at a Participating Merchant may 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 as set forth in supplemental terms and/or in the App, 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, without limitation, 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 or in violation of any other Policy 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 your Connected Bank 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
Certain transactions you make with your Fizz Card that have posted to your Line of Credit may qualify for Reward Points based on the offers made available to you under the Rewards tab in the App, subject to the limitations specified in these Program Terms. Such transactions will be considered Qualifying Transactions.
Fizz cardholders in good standing who are not Fizz Members are eligible to participate in a Program that enables them to receive one (1) Reward Point directly from Fizz for every dollar spent using their Fizz Card at a Participating Merchant within the merchant category of a user’s choosing (“Category”) each calendar month (the “1x Category Program”). Fizz cardholders in good standing who are Fizz Members are eligible to participate in a Program that enables them to receive three (3) Rewards Points directly from Fizz for every dollar spent using their Fizz Card at a Participating Merchant within their selected Category each calendar month (the “3x Category Program”). Merchants fall under a specific Category based on their merchant category code, as determined by Fizz and certain third parties in their sole discretion. Fizz may alter, amend, or discontinue the 1x Category Program and/or the 3x Category Program at any time in its sole discretion.
Reward Points for Qualifying Transactions will accrue based on the dollar amount of the Qualifying Transactions, in every case, rounded down to the nearest whole Reward Point.
For other offers, the amount of Rewards Points you will earn per dollar you spend may differ based on the offer or 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. If a Qualifying Transaction is eligible for two or more unique offers, then only the best offer will apply as determined by Fizz in its sole discretion; you will in no event receive Rewards Points and/or Discounts under multiple concurrent offers for the same transaction. 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 or in violation of any Policy 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 may be given a unique referral code that they 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 qualifying Referral typically 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. Fizz may also impose additional terms, conditions, or restrictions on Referral offers, in each case, as further detailed to you in the App and/or in supplemental terms, in Fizz’s sole discretion. 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 or in violation of any Policy 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 offered or awarded for other reasons will accrue as disclosed in the App and/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. If your Fizz Card has been frozen, suspended, or closed because
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 your Connected Bank 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 any increment, with a minimum redemption amount of $20. There is a maximum redemption limit of $500 per month.
If you accrue Rewards Points as a result of or otherwise in connection with your Fizz Membership, or if you qualified for a Fizz Card after becoming a Member, then your Subscription Fee must post and settle before you can redeem any Rewards Points.
If you are offered a free trial or other similar promotional offering whereby your Subscription Fee is deferred or otherwise postponed until a later date, then you may not redeem any Rewards Points until such term has lapsed and your first Subscription Fee has posted and settled.
If your Fizz Card is frozen or suspended for any reason, then you may not redeem any accrued awards until your account is brought back to good standing. If your Membership and/or your Fizz Card is subsequently closed in accordance with Fizz’s Policies, then you may forfeit your Rewards Points as further described below.
If you accrue Rewards Points in connection with a Membership sign up offer and request a refund of your Subscription Fee, you will forfeit your Rewards Points if Fizz grants the Subscription Fee refund request. Conversely, Fizz may refuse to refund your Subscription Fee if you request a refund after you have redeemed any Rewards Points.
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 or Forfeit of Reward Points
Reward Points expire two years after the calendar month in which they accrue to your account. Once any Rewards Points have expired, you will no longer be able to redeem them.
If you close your Fizz account, close your Fizz Card, terminate or fail to renew your Membership (if applicable), or unenroll from the Programs, if your Membership Subscription Fee fails (if applicable), or if you otherwise are found to have violated any of the Policies, all Rewards Points pending and all Rewards Points previously earned or accrued will be immediately forfeited. For the avoidance of doubt, if you fail to pay any Amount Due before the end of any applicable Grace Period (in each case, as such terms are defined in the Fizz LOC Agreement), then you will forfeit all pending and previously earned or accrued Rewards Points. Fizz will not reinstate any forfeited 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. For the avoidance of doubt, and without limiting the generality of the foregoing, you will forfeit any Rewards Points that Fizz detects or suspects you have accrued through “cash equivalent” purchases (e.g., the purchase of gift cards).
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.
Redeeming Through Rewards Partners
Fizz may partner with certain third-party partners (“Rewards Partners”) to offer you the option to redeem some or all of your Rewards Points for non-cash items, such as merchandise or airfare. If Fizz chooses to do so, Fizz may also choose to discontinue these offerings or partnerships at any time in its sole discretion.
If you choose to participate in such redemption offers, you understand that may be required to transfer your Rewards Points to such Rewards Partner. In such cases, you acknowledge and agree that such a transfer is final, irrevocable, and is subject to the terms, conditions, and policies imposed by the applicable third-party partner. The transfer of points shall be deemed as the establishment of an independent contractual relationship between you and the applicable Rewards Partner, to which neither Fizz nor any of its affiliates are party. Fizz makes no representations or warranties of any kind—whether express, implied, or statutory—regarding any aspect of the services or products provided by any Rewards Partners. Fizz shall not be liable for, and expressly disclaims any and all liability arising from, any acts, omissions, errors, delays, or failures by any Rewards Partner relating to, among other things: (i) the handling, processing, or redemption of transferred Rewards Points; (ii) any errors, discrepancies, or interruptions in the fulfillment of Rewards Points; (iii) any termination, suspension, or modifications of the third-party Program; (iv) any dispute between you and the Rewards Partner. Nothing contained herein shall be construed as Fizz having endorsed or approved the services or products offered by such Rewards Partners.
You agree to indemnify, defend, and hold harmless Fizz and its affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses arising out of or relating to your engagement with, or actions taken under the programs of, any such Rewards Partners.
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.
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.
