Upgrade Cash Back Rewards Program
Terms and Conditions
Last Revised: October 5, 2023
The Cash Back Rewards Program (“Program”) allows eligible Upgrade Card customers to earn cash rewards (“rewards”) as described below and subject to these Program Terms and Conditions (“Terms and Conditions”) and the Cardholder Agreement, which is incorporated herein by reference. These Terms and Conditions set forth the terms and conditions under which Upgrade, Inc. (“Upgrade” or “we”) makes the Program available to you, as a customer (“You”). Rewards associated with the Upgrade Card are provided by Upgrade.
By participating in the Program, You acknowledge that You have read, understood, and agree to be bound by the following terms and conditions:
- How You Earn Rewards. Earn rewards based on the percentage(s) provided for Your enrolled card program. You accrue rewards when You make payments on Your eligible card purchases with Your Upgrade Card. Please see "How Rewards are Applied" below for more information on when your rewards are redeemed.
- What Card Purchases are Eligible. For card purchases to be eligible, the transactions must have settled. Card purchases that are canceled, refunded, or that failed to process will not generate rewards. Other transactions that are not eligible include balance transfers; the purchase of checks, financial products, promotional merchandise, foreign currency, money orders, other monetary instruments, or similar; debt repayment; account funding; transactions executed for the sole purpose of transferring funds to another account maintained or controlled by the same consumer; other non-purchase transactions; or disputed or fraudulent transactions.
- Merchant Codes for Category Rewards. For enrolled card programs that offer specific rewards for select categories, You can earn those rewards for card purchases made in those categories. Merchants are assigned a merchant code based on the kinds of products and services they primarily sell. Upgrade groups similar merchant codes into categories for purposes of making rewards offers to You. However, Upgrade does not determine which merchant code is assigned to a merchant, therefore some purchases may not fall into the category where You might expect them to appear.
- How Rewards are Applied. Your accrued cash back will generally be applied to your Upgrade Card balance after your next scheduled monthly payment, at a time and manner determined in Upgrade’s sole discretion and subject to change. If you do not have a balance and for as long as your Upgrade Card account is open, you may elect to have cash back applied as a deposit into your bank account on file. Cash back rewards are redeemed once applied. Cash back rewards applied to your balance will not otherwise reduce the amount of your regular monthly payments. Rewards are a gratuity and not your property until redeemed.
- Changes to the Program. Upgrade may revise these Terms and Conditions from time to time. The revised version will be effective at the time it is posted on this webpage, provided that we will notify You of any change when required by applicable law. Please regularly check this webpage so You are aware of any changes. By continuing to use Your Upgrade Card after the effective date of any changes, You thereby agree to such changes.
- Closing Your Account. To close Your Upgrade Card account, please contact 1-844-899-9931. If You or Cross River Bank closes Your Upgrade Card account for any reason, any unredeemed rewards will be forfeited.
- How You Could Lose Your Rewards. Upgrade may, in its sole discretion and consistent with the terms of the Cardholder Agreement, decline to allow You to accrue or redeem rewards, for example, for accounts that Upgrade determines show signs of fraud, misuse or abuse or for accounts that are past due or closed to new draws for any reason.
- Additional Terms. Rewards cannot be sold, attached, seized, levied upon, pledged or transferred under any circumstances including, without limitation, by operation of law, upon death, or in connection with any dispute or legal proceeding.
- Warranty Disclaimer; Limitation of Liability. The Program and any Program content is provided “as is.” Upgrade, Sutton Bank, Cross River Bank, and their respective affiliates, directors, officers, employees, agents or contractors (together, “Upgrade Parties”) make no representations or warranties concerning the Program or any Program content, either express or implied, including, without limitations, warranties of title, merchantability, fitness for intended use or a particular purpose, non-infringement, and otherwise arising by law, custom, usage, trade practice, course of dealing or course of performance. Upgrade Parties do not warrant that the functionality or availability of the Program and any Program content will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful components. IN NO EVENT WILL UPGRADE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, OR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, DAMAGES, INJURY, CLAIM, OR LIABILITY OF ANY KIND ARISING FROM YOUR USE OF THE PROGRAM, EVEN IF THE UPGRADE PARTIES ARE AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, UPGRADE PARTIES’ LIABILITY TO YOU FOR ANY CAUSE OF ACTION REGARDLESS OF FORM WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU.
- Termination of Program. These Terms and Conditions are effective upon Your participation in the Program and will remain in effect until termination of Your related Cardholder Agreement and Personal Credit Line Agreement. Termination will not prejudice either Your or Upgrade’s remedies at law or in equity.
- Tax: Tax Documentation. You will be solely responsible for any and all tax liability arising out of the rewards. Please consult Your tax advisor.
For Upgrade Cards, Personal Credit Lines are issued by Cross River Bank, Member FDIC and the Upgrade VISA® Card is issued by Cross River Bank, Member FDIC, or Sutton Bank, Member FDIC, pursuant to licenses from Visa U.S.A. Inc.