Visa Destinations Rewards Program
TERMS & CONDITIONS
EFFECTIVE DATE: Aug 6, 2026
THIS REWARDS PROGRAM (DEFINED BELOW) IS INTENDED FOR PARTICIPATION ONLY FOR INDIVIDUALS WHO MEET THE REWARDS PROGRAM ELIGIBILITY REQUIREMENTS. THIS REWARDS PROGRAM WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES UNLESS OTHERWISE STATED. This Rewards Program is in no way sponsored, endorsed or administered by, or associated with Google, LLC (“Google”). You understand that you are supplying your information to the Sponsor and Visa U.S.A. Inc., Visa Inc., Visa International Service Association, and their respective parents, successors, affiliates, subsidiaries, trustees, and client financial institutions (collectively, “Visa”) and not to Google. For purposes of these Terms and Conditions, Google and Visa shall be collectively referred to as the “Excluded Companies”. This Rewards Program shall not be published without permission of the Sponsor.
SPONSOR / ADMINISTRATOR: The Visa Destinations Rewards Program (the “Rewards Program”) is sponsored by My Rewards LLC with its principal place of business at 201 Main Street, Suite 102, Carbondale, CO 81623 (the “Sponsor”) and is administered by SMT Web3, Inc. with its principal place of business at 201 Main Street, Suite 102, Carbondale, CO 81623 (the “Administrator”).
REWARDS PROGRAM ELIGIBILITY: PARTICIPATION IN THIS REWARDS PROGRAM REQUIRES ENROLLMENT IN VISA DESTINATIONS (“Visa Destinations”) subject to the Visa Destinations Terms of Use available at https://getsmt.link/kh7t6bzx. For the avoidance of doubt, while both Visa Destinations and this Rewards Program operate at destinations.visa.com (the “Website”), they are each separate promotions, subject to their own terms and conditions.
This Rewards Program is free and available to any individual (the “Participant”) who is a member of Visa Destinations and also (a) is at least eighteen (18) years of age or (if older) the age of majority in his/her country of residence; (b) possesses the legal authority to agree to these Terms & Conditions; (c) resides in a jurisdiction which legally permits participation in the Rewards Program; (d) is not a resident of Crimea, Cuba, Donetsk People’s Republic, Iran, Luhansk People’s Republic, North Korea, or Syria; (d) provides accurate information when enrolling in the Rewards Program; (e) is not already a member of the Rewards Program (i.e., does not already have a profile under the Rewards Program under another name, address, and/or email address; limit of one (1) profile per Participant); and (f) has not previously been terminated from this Rewards Program. Each Participant must meet all the requirements of this paragraph and register for the Rewards Program (described below) to participate. Employees, officers, directors and independent contractors of the Sponsor, the Administrator, Visa, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies as well as other entities involved in the Rewards Program (such individuals and legal entities collectively, “Rewards Program Entities”) and each of their immediate family members (i.e., spouse, parent, child, sibling, and the respective spouse and step-relations of each of the foregoing, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to participate. This Rewards Program is subject to all federal, state, and local laws and regulations. This Rewards Program is void where prohibited or restricted by law.
AGREEMENT TO TERMS & CONDITIONS: Participation constitutes a Participant’s full and unconditional agreement to these Terms & Conditions and to the Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Rewards Program and not subject to appeal. The preceding expressly includes the Sponsor’s determination as to a given individual’s eligibility for the Rewards Program, whether certain purchases or non-purchase activities qualify for GEMs (“GEMS”) and the redemption of GEMS for items in the Visa Destinations feed (the “Visa Destinations Feed”), as described below. The Sponsor expressly reserves the right, without notice, to change or restrict these Terms & Conditions and the Rewards Program itself from time to time (e.g., which product purchases (if any) and/or non-purchase offers and activities qualify for GEMS or the number of GEMS obtained by a qualifying purchase or participation in non-purchase offer or activity), as well as to discontinue the Rewards Program altogether. The Sponsor will make reasonable attempts to notify Participants of such changes. Each Participant agrees that notice of changes to these Terms & Conditions posted on the Website constitutes reasonable and sufficient notice. At all times, the Participants are bound by the then-current version of these Terms & Conditions (including the Sponsor’s privacy policy, available at https://www.myrewardsllc.com/privacy and Visa’s privacy policy, available at https://usa.visa.com/legal/privacy-policy.html) and all applicable laws. PARTICIPANTS ARE THEREFORE STRONGLY ADVISED TO PERIODICALLY REVIEW THESE TERMS & CONDITIONS, AVAILABLE AT THE WEBSITE, AS SUCH MODIFICATIONS MAY AFFECT PARTICPANTS’ LEGAL RIGHTS AS TO REWARDS PROGRAM PARTICIPATION. Participants may not modify these Terms & Conditions except in a writing signed by a duly authorized representative of the Sponsor.
REWARDS PROGRAM DETAILS & NAVIGATION: The Rewards Program will offer Participants the opportunity to earn GEMS via offers and activities further described in the “HOW TO PARTICIPATE” section below. GEMS are available for the redemption of virtual mystery boxes and digital gift cards via the Visa Destinations Feed.
GEMS BALANCES: Your Total GEMS balance will be provided in the upper right-hand corner of the Website. GEMS will be depicted on the Website as a gem symbol. Rewards Program details (such as notification and profile settings) can be accessed anytime by clicking the avatar in the upper right-hand side of the Website.
VISA DESTINATIONS FEED: Virtual mystery boxes and gift cards will be made available for GEMS redemption within the Visa Destinations Feed (available by clicking the “ALL LOCATIONS” tab on the home page of the Website). The GEMS required to redeem a virtual mystery box or digital gift card will be listed on the mystery box or digital gift card image and within the item description in the Visa Destinations Feed. All other offers and items within the Visa Destinations Feed not marked with a GEM symbol, are directly associated with Visa Destinations and not part of this Rewards Program.
REDEEMED VIRTUAL MYSTERY BOXES OR DIGITAL GIFT CARDS: All items redeemed with GEMS will be listed within the “MY OFFERS” tab of the Website under the “AVAILABLE” or “USED” subtabs.
THE SECURITY OF THE REWARDS PROGRAM IS THE SOLE RESPONSIBILITY OF THE RESPECTIVE PARTICIPANT. SHOULD THE USERS REWARDS PROGRAM PROFILE BE COMPROMISED, THE PARTICIPANT MUST ADVISE THE SPONSOR IN WRITING IMMEDIATELY SO THAT THE USERS REWARDS PROGRAM PROFILE CAN BE DE-ACTIVATED. THE PARTICIPANT ASSUMES FULL RESPONSIBILITY FOR THE USE, UNAUTHORIZED USE OR MISUSE OF THE REWARDS PROGRAM PROFILE AS IF SUCH USE HAD BEEN MADE BY THE PARTICIPANT.
REWARDS PROGRAM REGISTRATION: To register for the Rewards Program, Participant must enroll (or be previously enrolled) in Visa Destinations.
NEW VISA DESTINATIONS MEMBERS: Visit https://getsmt.link/kh7t6bzx (the “Registration Page”) and when prompted, select “CONTINUE WITH EMAIL” or “CONTINUE WITH GOOGLE”.
Email: Submit your full name and email address. After checking the boxes indicating your agreement to these Terms and Conditions, the Visa Destinations Terms of Use, the Sponsor’s consolidated terms and privacy policies, the Visa Privacy Policy, and, if desired, the receipt of future marketing communications from Visa, click the “CONTINUE” button. Upon the successful submission of your information, you will receive an email with a login link. To complete the registration procedure, you must either; (a) click the “LOG IN OW” link found within the email; or (b) enter the six (6) digit numerical pin (found within the email) on the Website. (NOTE: If you do not click the “LOG IN NOW” link or enter the pin within the indicated time-period and complete the registration procedure you will not be able to participate in the Rewards Program); OR
Google: After checking the boxes indicating your agreement to these Official Rules, the Rewards Program Terms and Conditions, the Visa Destinations Terms of Use, the Sponsor’s consolidated terms and privacy policies, the Visa Privacy Policy, and, if desired, the receipt of future marketing communications from Visa, click the “CONTINUE” button. Then, submit your Google email address, select “CONTINUE”, submit your Google password, select “NEXT” and select “CONTINUE.
EXISTING VISA DESTINATIONS MEMBERS: If you are an existing Visa Destinations user who is already logged into the Website, you can register for the Rewards Program by visiting the Registration Page, and after checking the boxes indicating your agreement to these Terms and Conditions, the Sponsor’s consolidated terms and privacy policies, the Visa Privacy Policy, and, if desired, the receipt of future marketing communications from Visa, click the “CONTINUE” button.
After completing one (1) of the steps above, Participant will have completed the registration process and will be directed to the Website to participate in the Rewards Program.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF A PARTICIPANT REGISTERS FOR THIS REWARDS PROGRAM AND ACCESSES HIS/HER REWARDS PROGRAM PROFILE ON HIS/HER MOBILE DEVICE VIA THE WEBSITE OR A MOBILE APPLICATION (“APP”). NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS REWARDS PROGRAM VIA THE WEBSITE AND/OR APP. PARTICIPANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE PARTICIPATION IS NOT REQUIRED TO PARTICIPATE IN THIS REWARDS PROGRAM.
HOW TO PARTICIPATE: Once the Participant has completed the steps above and registered for the Rewards Program, he/she can participate in the Rewards Program and earn GEMS as outlined below.
Obtaining GEMS by Engaging in Giveaway(s): Participants can earn GEMS by engaging in the “Dream Trip Giveaway” found on the Website in the Visa Destinations Feed. After clicking on the “DREAM TRIP GIVEAWAY” image within the Visa Destinations Feed and following the instructions provided to enter the giveaway, Participants will earn the following GEMS for each activity completed:
Following the steps to obtain the Initial Entry (100 GEMS)
Completion of the Dream Destination Quiz (50 GEMS)
Completion of the Travel Personality Quiz (50 GEMS)
Successfully verify your VISA CARD (1,000 GEMS)
Clicking the link to explore Destination Offers (50 GEMS)
Add Quick Offer Access to your Device (25 GEMS)
Inviting friends to participate in the giveaway (25 GEMS per friend referred; up to a maximum of 125 GEMS
Sponsor reserves the right to introduce additional qualified giveaways in the Visa Destinations Feed at its sole discretion, and in all cases, GEMS will only be furnished where Sponsor determines that a given Participant has engaged in the qualified giveaway(s) in full compliance with the accompanying rules of doing so. Nothing herein obligates Sponsor to offer such additional qualified giveaways and, by refraining from doing so, Sponsor will not incur any liability under any legal theory. In the event of any inconsistency between these Terms & Conditions and the official rules of any qualified giveaway offered in the Visa Destinations Feed, these Terms & Conditions will prevail, govern and control this Rewards Program with the sole exception of the conduct of such qualified giveaways (as to which the official rules of the applicable qualified giveaway will instead prevail, govern and control). Sponsor reserves the right to make qualified giveaways available only to some – but not all – Participants. Sponsor makes no representation as to the number of qualified giveaways that may be offered and disclaim any liability in conjunction with offering (or refraining from offering) qualified giveaways.
GEM REDEMPTION: Each GEM received through the Rewards Program is redeemable for virtual mystery boxes and digital gift cards listed in the Visa Destinations Feed on the Website. All other offers listed within the Visa Destinations Feed, including, but not limited to those requiring a credit card, belong to Visa Destinations (a separate promotion), subject to Visa Destination Terms of Use which can be found on the Website.
Each virtual mystery box will include one (1) or more surprise discount offers tailored to a specific travel destination. Digital gift cards, in various denominations, will also be available in the Visa Destinations Feed. The number of GEMS required to redeem a virtual mystery box or digital gift card will be listed on the virtual mystery box or digital gift card image in the item’s description in the Visa Destination Feed. Once redeemed, the item will be made available in the “MY OFFERS” tab. The Sponsor will determine in its sole discretion the items which are available in the Visa Destinations Feed, for how long such items are available, the quantity/units of a given item which are available, as well as the number of GEMS required for redemption of an item. Some items may be limited edition and/or subject to additional restrictions (e.g., the number of times that a given Participant may redeem for GEMS may be limited for such item regardless of his/her GEMS balance). No substitutions are available for items offered in the Visa Destinations Feed. In all cases, the Sponsor disclaims all liability for any difference between an item as depicted in the Visa Destinations Feed and the actual item. GEMS do not expire; however a Participant’s Rewards Program profile may be deleted for inactivity as described below. BE CAREFUL IN USING GEMS BECAUSE ONCE GEMS HAVE BEEN REDEEMED FOR ITEMS IN THE VISA DESTINATIONS FEED, THEY CANNOT BE REPLACED OR RESTORED. All items redeemed with GEMS will be listed within the “MY OFFERS” tab of the Website under the “AVAILABLE” or “USED” subtabs.
The Sponsor and the Administrator disclaim all liability for late, lost, incomplete, delayed, misdirected, undeliverable or damaged GEMS redemption requests.
GEMS cannot be redeemed or exchanged for cash and have no cash value. GEMS at all times remain the property of the Sponsor and, as such, Participant has no property rights in GEMS. GEMS are redeemable for items within the Visa Destinations Feed only; GEMS are NOT gift cards. GEMS may only be received via the methods outlined in these Terms & Conditions as noted above; without limitation, GEMS cannot be obtained directly via purchase from the Sponsor or from any other person/entity. Pooling of GEMS between persons/entities is strictly prohibited. Any other method of attempting to obtain GEMS and any other form of manipulation/abuse of the Rewards Program (e.g., attempting to register for more than one Rewards Program profile, or attempting to purchase and return products to obtain GEMS) is strictly prohibited. Actual or attempted prohibited actions by a Participant constitute a breach of these Terms & Conditions. If the Sponsor suspects that a certain Participant has engaged in fraud in conjunction with Rewards Program participation or has violated these Terms & Conditions, the Sponsor may (but is not required to) request such Participant to furnish (as applicable) the original, dated sales receipt(s) and/or other materials establishing the authenticity of the underlying purchase of qualifying product(s) (if applicable) and/or proof that Participant has performed the prescribed non-purchase activity in full compliance with these Terms & Conditions and any accompanying guidelines) at any time. The Sponsor may also, at any time and for any reason, require a Participant to provide satisfactory proof of identity. Should a Participant fail to provide the foregoing, or the Sponsor determines in its sole discretion that what the Participant has provided is inadequate proof of compliance with the Terms & Conditions, the Participant may forfeit all the GEMS in his/her Rewards Program profile, whether they were obtained as a result of fraudulent activity or not. The Sponsor further reserves the right to seek all available remedies so as to protect its legal rights, in law and/or equity, including seeking the repayment of the fair market value of items received through violations of these Terms & Conditions and reporting any suspected fraudulent activity to the relevant legal authorities for criminal prosecution. Should a Participant not receive or redeem GEMS for a period of twelve (12) consecutive months, then his/her participation in the Rewards Program will be terminated without further notice. Should the Rewards Program be terminated by the Sponsor, Participants may still redeem GEMS already received, subject to the minimum and maximum GEMS redemption requirements for items in Visa Destinations Feed as discussed above. If a Participant has less than the minimum required number of GEMS for redemption at the time of Rewards Program termination by the Sponsor, such GEMS will be forfeited with the Sponsor having no liability for same under any legal theory.
Once GEMS are redeemed for item(s) in Visa Destinations Feed, such items become the sole responsibility of the Participant and will not be replaced if lost or stolen.
Names, logos, and/or materials associated with item descriptions within the virtual mystery boxes or on third-party gift cards are used for purposes of item descriptions only and such use is not intended to suggest or imply Sponsorship of this Rewards Program.
TERMINATION OF REWARDS PROGRAM PARTICIPATION: Should Sponsor determine, in its sole discretion, that one’s participation in the Rewards Program must be terminated due to violation of these Terms & Conditions (including acts of fraud or tampering), such individual will immediately be liable for any part of purchase(s) made via redemption of such invalidated GEMS; and, any previously received but unused GEMS will be declared void and forfeited without compensation of any kind. Sponsor further reserves the right to seek all available remedies so as to protect its legal rights, in law and/or equity, including reporting any suspected fraudulent activity to the relevant legal authorities for criminal prosecution.
ADDITIONAL TERMS: PARTICIPANTS IN THE REWARDS PROGRAM ARE STRONGLY ADVISED TO MAINTAIN THEIR OWN RECORDS AS TO RECEIVING AND REDEEMING GEMS; MAINTENANCE OF SUCH RECORDS IS SOLELY THE PARTICIPANT’S RESPONSIBILITY. The GEMS balance reflected in Participant’s Rewards Program profile on the Website may not be accurate and up-to-date at any given time and the Sponsor expressly disclaims any and all liability as to the accuracy or currency of such information; the Sponsor also reserves the right to update or modify any such information should the Sponsor determine that the information initially furnished to Participant is inaccurate or incomplete for any reason (including, without limitation, error by the Sponsor). The Participant is solely responsible for any expenses, fees and applicable taxes in conjunction with Rewards Program participation, including the receipt and redemption of GEMS. The Sponsor’s failure to enforce any provision of these Terms & Conditions at any time does not constitute the waiver of such provision. Neither the Sponsor nor Sponsor’s agencies are responsible for (i) any incomplete, incorrect or inaccurate Rewards Program-related information/materials, whether caused by tampering, hacking , equipment malfunction/ failure or other cause ; (ii) any error, omission, interruption , deletion, defect, delay in operation or transmission of Rewards Program-related materials, communications line failure, theft or destruction or unauthorized access to, or alteration of GEMS or other Rewards Program-related information/materials; (iii ) any problems or technical malfunctions, disruptions or failures of any kind, including the functionality of telephone network or lines, computer on-line systems, servers or providers, software or programming. Use of programmed, automated, robotic or like means to participate in the Rewards Program is prohibited and may result in termination of Rewards Program participation as described above.
RELEASE; INDEMNIFICATION; DISCLAIMER: By participating in the Rewards Program, you agree to indemnify, defend , release , and hold the Sponsor, the Administrator, Rewards Program Entities, Google, Visa and each of their respective parents, affiliates, subsidiaries, divisions, wholesalers/distributors/suppliers as well as any entity involved in the design, development and/or implementation of the Rewards Program, as well as their respective officers, directors, employees, agents , representatives , shareholders , successors and assigns (“Releasees”), harmless from any and all claims, losses, damages, and liability of any kind arising from participating in the Rewards Program or any Rewards Program-related activity, including without limitation the safekeeping of your Rewards Program profile, the receipt and redemption of GEMS and any items received via redemption of GEMS. THE REWARDS PROGRAM (INCLUDING GEMS, THE REWARDS PROGRAM PROFILE, ITEMS AVAILABLE IN THE VISA DESTINATION FEED OR OTHERWISE) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SPONSOR AND THE ADMINISTRATORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE REWARDS PROGRAM (INCLUDING GEMS, THE REWARDS PROGRAM PROFILE, ITEMS AVAILABLE IN THE VISA DESTINATIONS FEED OR OTHERWISE) UNDER ANY LEGAL THEORY, INCLUDING THE WARRANTY OF MERCHANTABILTY OR FITNESS FOR THE INTENDED PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE REWARDS PROGRAM OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE REWARDS PROGRAM OR THE WEBSITE (OR ANY RELATED SERVER, OTHER HARDWARE, OR SOFTWARE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SPONSOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SECURITY OF YOUR PERSONAL INFORMATION. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, AND AS SUCH, THESE LIMITATIONS AND EXCLUSIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
FORCE MAJEURE: If, for any reason, the Rewards Program (or any part thereof) is not capable of running as originally planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes which, in the Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Rewards Program (or any part thereof), the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Rewards Program or any element of the Rewards Program, as determined by the Sponsor in its sole discretion. Without limitation, the Sponsor may continue to issue GEMS and/or redeem GEMS in Visa Destinations Feed only up until the time of such cancellation/termination of the Rewards Program. Notice of such action will be posted on the Website.
DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER; JURY TRIAL WAIVER) For purposes of this section “you” shall refer to the Participant, and “we” shall refer to the Sponsor. Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration, or litigation to the fullest extent allowable by applicable law.
Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms & Conditions, your access to or participation in the Rewards Program, or your relationship with Sponsor or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it isn’t removed or appealed to a court of general jurisdiction. Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms of Use (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms & Conditions. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms & Conditions; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this “Dispute Resolution” section; and (c) issues that relate to the arbitrability of any Dispute. These Terms & Conditions and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Terms & Conditions evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
Mandatory Informal Dispute Resolution Process. You and we agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (a) information sufficient to identify any transaction and account at issue; (b) contact information (including name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice to our Customer Service department at at My Rewards LLC, 201 Main Street, Suite 102, Carbondale, CO 81623. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you. For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Sponsor representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitation periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration if the Dispute is not resolved through this Process.
Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA’s administrative determination that this arbitration agreement comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.
An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Sponsor representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms and Conditions as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions.
The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
Costs of Arbitration. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
Additional Procedures for Multiple Case Filings. You and we agree that these Additional Procedures for Multiple Case Filings (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Multiple Case Filing. If twenty-five (25) or more similar Disputes (including yours) are asserted against Sponsor by the same or coordinated counsel or are otherwise coordinated (“Multiple Case Filing”), the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources.
If your claim is part of a Multiple Case Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
STAGE ONE: If at least one hundred (100) Disputes are submitted as part of the Multiple Case Filing, counsel for the claimants and counsel for Sponsor shall each select fifty (50) Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than one hundred (100) Disputes, all shall proceed individually in Stage One). Each of the one hundred (100) (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Sponsor shall pay the mediator’s fee.
STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Starbucks shall each select one hundred (100) Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Stage Two). No more than five cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Sponsor shall pay the mediator’s fee.
Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms of Use. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms of Use.
Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within thirty (30) days of the change: My Rewards LLC with its principal place of business at 201 Main Street, Suite 102, Carbondale, CO 81623 Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Sponsor in accordance with this version of the arbitration agreement.
Class Action Waiver and Jury Trial Waiver You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent allowable by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
To the fullest extent allowable by applicable law, you and we waive the right to a jury trial.