THESE TERMS AND
CONDITIONS INCLUDE AN ARBITRATION PROVISION.
YOU MAY REJECT THE ARBITRATION PROVISION IN ACCORDANCE WITH THE
PARAGRAPH BELOW IN SECTION 18 TITLED “ARBITRATION PROVISION”.
M&T Rewards Program Terms & Conditions
Effective October 3,
2019
The M&T Rewards Program ("Program") is a promotional
incentive program offered by Manufacturers and Traders Trust Company, and its
affiliates (“M&T Bank”, “Issuer”, “we,” and “us”) with Credit Cards
(as defined below) issued in the United States. Under the Program, you earn
points every time an Account Holder, as defined below (“you”, “your”, and “yours”) or an Authorized User makes a
purchase or engages in a qualifying transaction (“Purchase“) with a Credit
Card that is in Good Standing (defined below) and is enrolled in the Program.
You, or in the case of a Business Account, the Administrator or anybody
granted permission by the Administrator, may use these points to redeem any of
the items shown on the Program Website, which may include merchant gift certificates,
gift cards, merchandise, and other items (referred to generally as “Rewards”).
By using a Credit Card or otherwise participating in the Program, you are
agreeing to be bound by the following terms and conditions. This is a separate
and distinct agreement from the agreement that governs your Credit Card Account
and the appropriate card or product agreement shall continue to govern use of
your Credit Card (“Credit Card Agreement”).
1.
Definitions.
“Credit
Card” means each M&T credit card issued by us or one of our affiliates
that is eligible to participate in the Program as designated by us from time to
time. Currently, only the M&T Visa® Credit Card with Rewards, the
M&T Visa® Signature Credit Card, and the M&T Business Rewards Credit
Card are eligible to participate in the Program.
“Account
Holder” means the M&T customer who holds a Credit Card that is issued
by us and in whose name the Credit Card account is held.
"Administrator" means the
individual who will act on a Business's behalf as the primary contact with
M&T and who is authorized to give M&T Instructions about a Business's
Eligible Accounts and Authorized Users.
“Authorized User” means an individual permitted to use the Account, but who is not an
Account Holder.
"Business Account" means an
Eligible Account owned by a Business.
“Program
Account” means an account we maintain for points you earn under the Program
(the Program Account is not a deposit account and is not insured by the FDIC).
“Program
Website” is www.rewards.mtb.com, or such other website that we may
designate from time to time.
2. Changes to
the Program. We may modify,
restrict or change the Program, INCLUDING THESE PROGRAM TERMS AND CONDITIONS,
at any time, which changes may include, but are not limited to, changing the
number of points you earn for a particular type of activity or the number of
points you need to reach FOR a particular Reward tier or to redeem a particular
Reward, or omitting or adding reward levels or categories, or changing the
selection of Rewards, or imposing, increasing or eliminating points caps or
Program fees, or changing the conditions under which points expire or are
forfeited. We will notify you of material changes to the Program terms and
conditions and, unless you decide to terminate your Program participation, you
will be bound by the revised terms and conditions. We also reserve the right to
suspend or terminate the Program, or your participation in the Program, at any
time without compensation to you. YOU
CAN FIND THE MOST CURRENT PROGRAM TERMS AND CONDITIONS www.rewards.mtb.com OR
BY CALLING REWARDS CUSTOMER SERVICE AT 1-888-448-6679.
3.
This Program and Enrollment.
3.1 Availability
of Program. This Program is
available only for Credit Cards (and not for debit cards). Accordingly, you cannot enroll a debit card
in the Program and points cannot be earned under the Program in respect of any
debit card.
3.2. Enrollment
in The Program. All cards associated
with Your Credit Card account will be automatically enrolled in the Program.
When your Credit Card is enrolled in the Program, we will establish a Program
Account for you. All points that are earned by joint Account Holders (or by the
Account Holder(s) and Authorized Users) of a Credit Card that is enrolled in
the Program automatically will be consolidated into a single Program Account
associated with that Credit Card. The
Program Account associated with the Credit Card can only be accessed by Account
Holders, not by Authorized Users. It is
your responsibility to monitor your Program Account and keep Program Account
information current (e.g., contact information, including a current e-mail
address for notice purposes which should be updated in your online banking
profile at www.mtb.com).
4.
Purchases.
4.1 Base
Earning - Points can be earned for your Program Account if you make
Purchases with a Credit Card. Points may not be available in connection with
any transaction violating any federal, state or local law. A “Purchase” is any purchase or bill
payment made with a Credit Card and such other transactions that we may
designate from time to time. The following are not Purchases: payments of
existing Credit Card balances, balance transfers, cash advances, ATM
transactions, convenience checks, fees charged by us (e.g., annual fees,
finance charges, and related service charges, if any apply), and such other
transactions that we may designate from time to time. In addition, we
reserve the right to determine in our sole discretion whether a particular Credit
Card transaction is a Purchase.
5.
Points.
5.1 You will start earning points immediately
for any Purchases made with your enrolled Credit Card and based on the actual
purchase amount, including tax.
5.2 In order to be eligible to earn
points, the Program Account must be “active”
(meaning that the Program Account must not be cancelled by you or by us) and the
Credit Card must be in “Good Standing”
(meaning that the Credit Card is not cancelled, past due, or otherwise in
default under the terms of the Credit Card Agreement and the Credit Card is not
overdrawn (over the credit limit). We reserve the right to determine in
our sole discretion whether a particular Credit Card or Account Holder is eligible
to earn points in the Program.
You will
earn the following points for each $1 in Purchases:
·
For M&T Visa® Credit Card with Rewards - You will
earn one (1) point for each $1 in Purchases.
·
For M&T Visa® Signature Credit Card - You will
earn one and a half (1.5) points for each $1 in Purchases.
·
For M&T Business Rewards Credit Card - You will
earn one and half (1.5) points for each $1 in Purchases.
You also may earn points in connection with
bonus point promotions (and the terms and conditions relating to such bonus
point promotions are provided to you on the Program Website and/or through
other promotional materials relating to such bonus point promotion).
5.3 Any returns, credits, or chargebacks
earn “negative” points and such “negative” points will reduce the total points
posted to your Program Account and may result in a negative balance in your
Program Account. If at any time an enrolled Credit Card account is not in Good
Standing, Purchases you make while the Credit Card is not in Good Standing may
not accrue any points, in our sole discretion.
5.4 Occasionally, we may authorize an
adjustment to your Program Account point balance (e.g., correct an error in your Program Account).
These adjustments can be positive or negative. Details on adjustments
can be found on the Program Website or by speaking with the Rewards Center (see
below for contact information).
5.5 Points earned in the Program Account
do not constitute property of the Account Holder or Authorized User and are not
transferable (except as set forth in Section 7 below). In the event your
Credit Card account is closed (whether by you or by us), your Program Account
will be automatically cancelled and, in accordance with Section 6.4 below, all
unredeemed points earned in the Program Account may be immediately
forfeited. In the event of an Account Holder’s
death, any points earned in the Program Account will remain eligible for
redemption by another account holder for 45 days. .
5.6 Any tax liability, including any applicable
federal, state, local or other sales tax and disclosures, in connection with
the earning of any points or the receipt or use of any Rewards is your or the
Reward recipient’s sole responsibility.
6.
Point Activity/Redemption/Expiration/Forfeiture
6.1 You or, in the case of a Business
Account, only the Administrator or anybody granted permission by the Administrator,
can view your Program Account point balance and points earning and redemption
activity at any time online at www.mtb.com. You can also call the Rewards Center
(see below for contact information) for such information. It may take 1-2
weeks for some of your Purchases and the associated points to post to your
Program Account.
6.2 Points are redeemed on a “first-in,
first-out” basis, such that the first points earned will be the first points
redeemed over the life of your Program Account. Once a redemption order
is placed, your Program Account will be reduced by the number of points used to
acquire the Reward. If your Reward order is cancelled or the Reward item
becomes unavailable, your points will be reinstated and you will be notified of
the cancelled order. The expiration date of the reinstated points will
not re-set. We may suspend your ability
to redeem points if a Credit Card is not in Good Standing.
6.3 All unredeemed points in your
Program Account will expire at the end of the 48th month from the month in
which they were posted to your Program Account.
6.4 If
(i) your Program Account or Credit Card account is cancelled for any reason
(whether by you or by us) or (ii) your Credit Card account is no longer
maintained in Good Standing, all unredeemed points in your Program Account may
(in our sole discretion) be immediately forfeited. You will not be provided with notice of
expiration or forfeiture of points. You are not entitled to compensation
from us or from any other entity when your points expire or if they are
forfeited for any reason. Points have no cash or monetary value.
6.5 Suspected fraud or abuse relating to earning
points in the Program or redemption of Rewards may result in forfeiture of
earned points as well as cancellation of your Program Account.
6.6 You
may view the posting date and the expiration date of points in your Program
Account at www.mtb.com.
6.7. All
points that are earned by joint Account Holders (or by the Account Holder(s)
and Authorized Users) of a Credit Card that is enrolled in the Program
automatically will be consolidated into a single Program Account associated
with that Credit Card. Only Account
Holders or, in the case of a Business Account, only the Administrator or
anybody granted permission by the Administrator, will have access to the
Program Website and Rewards Redemption Center.
In addition, only Account Holders or, in the case of a Business Account,
only the Administrator or anybody granted permission by the Administrator, will
have the ability to redeem points in the Program Account. Authorized Users will not have access
to the Program Account, unless, in the case of a Business Account, the
Administrator grants Authorized Users such Access. Authorized Users will not have the ability to
redeem points in the Program Account unless, in the case of a Business Account,
the Administrator grants Authorized Users the ability to redeem points. Points earned on the Credit Card will be
redeemed on a “first in, first out” basis, regardless of which Account Holder
redeems such points. Rewards points
awarded pursuant to criteria based upon the combined activity of a Credit Card
will remain in the Program Account, without regard to which Account
Holder/Authorized User actually used the Credit Card or whether such reward
points have or have not been entirely or partially redeemed or adjusted.
6.8
Except for the automatic consolidation of points earned on a Credit Card
as set forth in Section 6.7 above, you may not link any other eligible Credit
Cards to your Program Account in order to consolidate points in a single
Program Account.
7.
Transferring Your Points
7.1. You may transfer some or all of your
available unredeemed points to another Program Account through the M&T
Rewards Redemption Center (1-888-448-6679). In addition, you, in the case of a Business
Account, only the Administrator or anybody granted permission by the
Administrator, may also transfer some or all of your available unredeemed
points to another Program Account by using the Transfer Points feature at www.www.mtb.com.
7.2. Points can be transferred under this
Section 7 only to another Program Account that is established and in Good
Standing with M&T Bank.
7.3. Once you transfer points to another
Program Account, the transferred points will be deducted from your Program Account
and added to the recipient's Program Account. Such transferred points will post
to the recipient's Program Account immediately.
7.4. The transferring of points under this
Section 7 shall not affect or re-set the expiration date of such points. For example, if certain points (set to expire
on March 31, 2021) are transferred to another Program Account on January 10, 2020,
such points will still expire on March 31, 2021. All other provisions of these terms and
conditions (including the ability to transfer such points under this Section 7)
also shall continue to apply to such transferred points.
7.5. If an item redeemed with transferred points
is returned, the transferred points used for the redemption will be returned to
the Program Account of the redeemer.
7.6. You may not cancel or revoke a request to transfer
points from your Program Account after such request has been submitted to
M&T Bank. However, nothing in this
Section 7 shall restrict the ability of the recipient of such transferred
points from transferring those points back to the transferor under this
Section 7.
8.
Rewards/Shipping.
8.1 To redeem points in your Program
Account to obtain Rewards call the Rewards Center (see below for contact
information). In addition, you, or in the case of a Business Account,
only the Administrator or anybody granted permission by the Administrator, may also
go to www.mtb.com
to redeem points in your Program Account to obtain Rewards. You can only acquire Rewards to the extent that
you have the required number of points in your Program Account. All
Rewards are subject to availability and we reserve the right to cancel, change,
or substitute Rewards at any time with or without notice.
8.2 Each Reward will be subject to terms
and conditions specific to the Reward that will be provided to you in
conjunction with the Reward. These terms and conditions may address such
matters as the expiration date of the Reward, the purchase or other
requirements to use the Reward, any warranties for the Reward, or any other
limitations or restrictions on obtaining, retaining or using the Reward.
All Rewards are subject to availability and restrictions may apply as to
when Rewards can be redeemed. In the case of merchandise rewards that we
provide and that are not available, we reserve the right to substitute
merchandise that we determine is of equal value or credit the Program Account
at our sole discretion. Neither we nor any other entity is liable to you
if a Reward expires prior to your use of the Reward. An expired Reward
will no longer be available for use or redemption.
8.3 Many of the Rewards are gift cards or
certificates issued by merchants that are redeemable only at such merchant and
which may be subject to the merchant’s terms and conditions, including
expiration dates. You and the merchant are responsible for compliance with all
laws related to the Reward, including the payment and collection of any
federal, state, or local taxes. Refer to the Reward certificate or gift
card for details. Rewards generally will be sent to you within 4 weeks of
placing your Rewards order. Rewards
frequently will be sent sooner, depending upon Reward type and availability.
8.4 Any merchandise Reward, if it has
been damaged in transit, can be returned to the Rewards Center in its original
packaging within ten (10) days of your receipt, in which event you will receive
a full reinstatement of the points you redeemed to acquire the Reward. Contact the
Rewards Center (see below for contact information) for return instructions. All
non-merchandise Rewards (for example, gift cards and certificates) cannot be
returned. Except as otherwise provided above in connection with merchandise
damaged in transit, redeemed Rewards are not refundable, exchangeable,
replaceable, redeemable, or transferable for cash, credit, other Rewards or
points under any circumstances; we and Participating Retailers are not
responsible for replacing lost, stolen, or mutilated Rewards, including retail
or travel certificates, gift certificates, gift cards, or merchandise.
For the current list and description of the
Rewards, as well as the number of points necessary to obtain each Reward, go to
the Program Website.
9.
Airline Tickets & Travel Packages.
9.1 You may redeem points for travel through the Online Rewards Center (“Booked Travel”) or through the M&T
Rewards Redemption Center (1-888-448-6679). Travel rewards may be subject
to general restrictions, limitations, and requirements as may be: (i) posted on
the Program Website from time to time, or (ii) disclosed to you during the
redemption process. These restrictions, requirements and limitations may
change at any time, without notice to you.
9.2 For Booked Travel, electronic ticket
travel itineraries will be emailed. Travel itinerary discrepancies must
be reported to the Rewards Center within 24 hours of the date of point
redemption. Applicable lost ticket fees and/or replacement costs
will be the responsibility of the Account Holder. Tickets may be purchased in
any name designated by the Account Holder. Tickets are non-refundable,
and lost, stolen, or expired tickets cannot be replaced.
10.
Communications with Program Participants.
10.1 We may communicate with you regarding any matter related to the
Program by mail, by telephone, or by electronic communications. We may send
electronic communications to you, including electronic mail and/or postings to
the Program Website. All electronic communications from us to you shall
be deemed to be communications “in writing” and deemed delivered to you no
later than the earlier of the date actually received or five days from the date
of posting or dissemination. To access information electronically, you
need Internet access, an Internet Browser and an email account. To retain
copies of electronic communications, you will need a printer attached to your
computer or sufficient storage space in your disk drive to save an electronic
copy. Additionally, you must login to online banking to access your
information electronically or to conduct any activity online regarding your
Program Account on www.mtb.com.
10.2 You can contact the Rewards Center
if you would like to request a paper copy of these terms and conditions, or to
withdraw your consent to receive electronic marketing communications. We
are not obligated to provide any additional communications to you, other than
these terms and conditions, in a paper form. We also reserve the right at our
option to terminate your participation in the Program if you withdraw your
consent to receive electronic communications regarding the Program.
11.
Canceling Program Participation. You may cancel your participation
in the Program at any time by calling the Rewards Center. If you cancel
your participation in the Program, the positive point balance in your Program
Account will be forfeited and cannot be transferred to another Program Account.
Only the joint Account Holders or the Account Holder (but not the
Authorized User) may cancel participation in the Program for such Credit
Card. Any negative point balance in
your Program Account will carry over to any other Program Account set up later
with the same Credit Card. We reserve
the right to also carry over a negative point balance to a Program Account set
up later with a different Credit Card belonging to the same Account
Holder.
12.
Lost, Stolen or Damaged Visa Credit Cards. You will not
lose the points in your Program Account if your enrolled Credit Card is lost,
stolen or damaged and we provide a replacement card, even if such replacement Credit
Card has a different card number.
13.
Rewards Center, Error Resolution. If you have
a problem or question regarding whether you earned points from a particular
Purchase, whether a Reward was properly redeemed, or the status of your
redemption order, or any other question regarding the Program, you can reach the
Rewards Center by telephone at 1-888-448-6679 9 a.m. to 9 p.m. (EST) Monday -
Friday and 10 a.m. to 7 p.m. (EST) Saturday and Sunday. If you contact us
regarding an error or mistake with respect to your Program Account, we will use
reasonable efforts to investigate and correct the error or mistake, subject to
the limitations set forth in these terms and conditions. In any event,
you must notify us within 30 days of the posting date or the date of the
alleged error or mistake in order for us to undertake an investigation of the
matter. We may require you to provide written confirmation of the alleged
error or mistake. If we do not receive the requested written confirmation
at the address and within the time frame requested by us, we may in our sole
discretion determine not to correct the alleged error or mistake. If we
complete our investigation of the alleged error or mistake and notify you of
our determination, we have no further responsibilities should you later
reassert the same alleged error or mistake. All questions or disputes
regarding the Program, including eligibility, earning points, or redemption of
points for Rewards, will be resolved by us in our sole discretion.
14. Disclaimers
and Limitations.
14.1 Neither we nor our service
providers are responsible for any disputes between or involving Account holders
or authorized users relating to points, redemption for Rewards, or use of
Rewards.
14.2
Rewards are provided by a variety of merchants. We, and our service
providers, are not responsible to you for the quality or performance of the
Rewards or the products or merchandise purchased or obtained with the
Rewards. You may be subject to additional terms and conditions,
warranties or other requirements of the merchant, manufacturer, or other
Rewards provider. Neither we nor our service providers make any
guarantee, warranty or representation of any kind, express or implied, with
respect to the Rewards, including but not limited to warranties of
merchantability or fitness for a particular purpose. We and our service
providers are not liable for any injury, damage or loss to person or property
or any expense, accident or inconvenience that may arise from the use of the
points, or the use of the Rewards or products or merchandise purchased or
obtained with the Rewards, or otherwise in connection with the Program.
Further, for any travel Rewards, we assume no liability or responsibility for
delays caused by accidents, breakdown or other conditions beyond control.
WE AND OUR SERVICE PROVIDERS WILL Not BE responsible for ANY loss or
damage to property. Further, we and our service providers are not
responsible for merchants, manufacturers or other Reward providers that
discontinue or cancel a Reward due to bankruptcy or for any other reason.
Neither we nor our service providers make any representation or endorsement of
any Reward, merchant, or other provider of a Reward in connection with the
Program.
14.3
You hereby release and hold us, our service providers and all parties
associated with the Program, harmless from any claim, liability or damage
relating to the Program or your use of the Rewards. Any Reward offered under
this Program is void where prohibited by law. Notwithstanding anything in these
terms and conditions to the contrary, we, our service providers and any of
their service providers shall have no liability to you in connection with the
Program.
15.
Privacy. All information collected in connection with
the Program is subject to our privacy policies, the terms of which you can view
online at www.mtb.com. By
participating in the Program, you agree that we can use your name and likeness
for marketing and publicity purposes, without further compensation.
16.
Jury Trial Waiver, Governing Law. TO THE EXTENT
PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF A
LAWSUIT ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS. THIS
JURY TRIAL WAIVER SHALL NOT AFFECT THE ARBITRATION PROVISION BELOW (INCLUDING
THE JURY TRIAL WAIVER CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT
THIS WAIVER IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY. Except as set
forth in the below Arbitration provisions, these Terms and Conditions will be
governed by the Laws of the State of New York without regard to its conflict of
law principles.
17. Notice and Cure.
Prior to bringing a lawsuit or initiating an arbitration that asserts a claim
arising out of or related to the Program and/or these terms and conditions (as
further defined below, a “Claim”),
the party asserting the Claim (the “Claimant”)
shall give the other party (the “Defendant”)
written notice of the Claim (a “Claim
Notice”) and a reasonable opportunity, not less than 30 days, to resolve
the Claim. Any Claim Notice to you shall be sent in writing to the address we
have in our records (or any updated address you subsequently provide to
us). Any Claim Notice to us shall be sent by mail to M&T Bank,
M&T Center, One Fountain Plaza Buffalo NY 14203 Attn: M&T
Reward Program Manager (or any updated address we subsequently provide or post
on the Program Website). Any Claim Notice you send must provide your
name, address and account number. Any Claim Notice must explain the
nature of the Claim and the relief that is demanded. You may only submit
a Claim Notice on your own behalf and not on behalf of any other party.
No third party, other than a lawyer you have personally retained, may submit a
Claim Notice on your behalf. The Claimant must reasonably cooperate in
providing any information about the Claim that the other party reasonably
requests.
18.
Arbitration
Provision
Your Right to Reject: You may reject this Arbitration Provision and
any prior arbitration agreement between you and us that you have not had a
prior chance to reject (“Prior
Arbitration Agreement”) by mailing us, within 30 days after the date that you
become subject to these Terms and Conditions, a signed rejection notice which
gives your name(s) and address(es) and states that you reject arbitration. The rejection notice must be sent to us at
M&T Bank, Regulatory Support, P.O. Box 1468, Buffalo, NY 14240-1468 (attn. Arbitration Rejection).