GasBuddy™ GasBack Rewards Program Terms (“Program Terms”)
Please read these Program Terms carefully for important information about your rights and obligations in the GasBuddy GasBack® Rewards Program (“Program”). The purpose of the Program is to reward customers for certain uses of their GasBuddy™ Mastercard® Credit Card (“Card”.) By participating in the Program, you agree to these Program Terms and our general Terms of Service at gasbuddy.com/disclaimer/USA, and you acknowledge that you have read, understand, and agree to abide by them.
The Program is provided by GasBuddy LLC (“GasBuddy”) and serviced by Comenity Capital Bank (“Bank”). GasBuddy is solely responsible for Program operation and may withdraw the Program or change the terms of the Program at any time. The Program Terms may be supplemented with additional terms, conditions, and disclosures, including but not limited to applicable terms related to any promotional offers provided to you for use with the Program.
The Program allows you to earn GasBack® on the dollars you spend, as described in the “Earning GasBack®” section below, using your GasBuddy™ Mastercard® Credit Card Account (your “Account”). You can then redeem GasBack® as a statement credit described in the “Redeeming GasBack®” section below, using your Account.
GasBack® is defined as a reward credit that members earn based on their purchases made on their Card. GasBack® credit accumulates into a rewards account (the “GasBack Account”) for the Program member to redeem as a statement credit when they use their GasBuddy™ Mastercard® Credit Card at the pump.
These Program Terms are separate from your GasBuddy™ Mastercard® Credit Card Account Agreement (your “Account Agreement”), which governs the use of your Account. In the event of any conflict between these Program Terms and your Account Agreement, these Program Terms will control in any matter relating to the Program. By using your Account, you agree to be bound by these Program Terms. GasBuddy does offer other ways to earn GasBack, but these Program Terms are solely for the GasBuddy Mastercard Credit Card through the GasBack Rewards Program.
Earning GasBack® with the GasBuddy Mastercard Credit Card
You will earn GasBack® when you or an authorized user make eligible purchases of goods and services for personal, family and household purposes using your Account, minus any returns, refunds or credit adjustments (“Net Eligible Purchases”). GasBack® is rounded down to the nearest full cent (e.g., if your Net Eligible Purchase amount is $10.99 and you’ve earned 3% GasBack®, this 3% is equal to $0.3297, and therefore $0.32 is your awarded GasBack® amount).
Using your GasBuddy™ Mastercard® Credit Card, you will earn
- 3% towards GasBack for each Net Eligible Purchase made at Convenience Stores (excluding fuel purchases) and Restaurants*.
- 1% towards GasBack for each Net Eligible Purchase made everywhere else Mastercard is accepted, excluding fuel purchased at the pump.
Earned GasBack is typically posted to your GasBuddy account within 3-10 business days of your purchase.
*Reward Merchant Classification Codes: Merchants who accept Mastercard are assigned a merchant classification code (“MCC”), which is determined by the merchant or its processor in accordance with Mastercard procedures based on the products and/or services they primarily sell. Comenity Capital Bank and GasBuddy do not control the assignment of these codes and are not responsible for incorrectly coded purchases. Even though a merchant or some of the items it sells may appear to fit within a certain rewards category, the merchant may not have a code in that category. GasBack will be awarded based on the assigned MCC and GasBuddy shall not be liable for any erroneous or incorrect MCCs assigned to merchants.
Bonus GasBack® for Special Offers
From time to time, GasBuddy may provide bonus offers to earn additional GasBack® (“Bonus GasBack®”). Read each Bonus GasBack offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus GasBack® limits, or exclusions. You may have to register to qualify for the Bonus GasBack offer. GasBuddy may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus GasBack® already earned. Certain offers may only be communicated via email.
Important note: GasBack® expires 18 months from the date that it posts in your GasBack Account, and it will be subject to the terms described in the Termination and Forfeiture section.
Issuing Rewards and Redemption
Redeeming GasBack® earned with the GasBuddy Mastercard Credit Card
You may redeem GasBack® by using your GasBuddy Mastercard Credit Card on fuel purchased at the pump paid as a statement credit to your Account. Using your GasBuddy™ Mastercard® on fuel purchased at the pump initiates redemption on your available balance in your GasBack Account. The entirety of the GasBack® Account balance earned with the GasBuddy Mastercard Credit Card will be redeemed unless the transaction size is smaller than the GasBack® Account balance. If you make a purchase, earn and redeem GasBack®, and then subsequently make a return for that purchase, your GasBack® Account balance could go negative. In such case that you have a negative GasBack® Account balance, GasBack® earned will be applied to offset that negative balance and will not be applied to future fuel purchases until your balance is no longer negative.
Once initiated, GasBack® Statement credits may take up to 10 business days to post to your account. GasBack® Statement credits lower the account balance but do not count towards your minimum monthly payment. Once redeemed, Statement Credits will reflect on your monthly statement within 2 billing cycles. Unless the total amount of Statement Credits and payments applied to your account equal or exceed your statement balance, you are still required to pay the Minimum Payment Due on your monthly billing statement. Once you have been issued a GasBack® Statement credit, your GasBack® cannot be changed or returned.
Termination and Forfeiture
Important note: Subject to any requirements or limitations of applicable law, GasBuddy may at any time for any reason change or terminate the Program and these Program Terms without notice.
GasBuddy reserves the right, in its sole discretion, to terminate the Program and/or to terminate your participation in the Program, and you reserve the right to voluntarily cancel your participation in the Program. In the case of any of the above, all GasBack will be forfeited.
GasBack will be forfeited if any of the following occur: your GasBuddy account is closed; you terminate your participation in the Program; you or any authorized user engages in any fraudulent activity or misuse related to your Account or the Program, in any activity deemed to be abusive or gaming conduct, as determined by GasBuddy. Misuse includes, but is not limited to, obtaining or using an Account to maximize GasBack earned in a manner that is not consistent with typical consumer activity as determined in GasBuddy’s sole discretion.
Communications and Customer Service
GasBuddy may send communications regarding the Program by mail, phone, email, or other methods, including through the GasBuddy mobile app. By providing your mobile phone number, GasBuddy may contact you about your accounts and this Program.
If you have a question about your GasBack rewards balance, please contact GasBuddy at 1-617-207-6686 or help.gasbuddy.com. For GasBuddy Mastercard Credit Card questions, call Comenity Capital Bank at 1-844-271-2675 or visit gasbuddy.com/card. GasBuddy and Comenity Capital Bank are not responsible for communications lost or undelivered due to incorrect or outdated address or email.
You can review your Program activity in the GasBuddy app, on the Savings Tab.
Earned GasBack® is typically posted to your GasBack Account within 3-10 business days of your purchase. If after 10 business days you believe GasBack® was earned and has not posted to your GasBack® Account balance within this timeframe, you may dispute your GasBack® Account Balance (“GasBack® Dispute”) by calling 1-617-207-6686 or by submitting a request through help.gasbuddy.com. GasBuddy will use reasonable efforts to investigate your GasBack® Dispute if you notify GasBuddy within 90 days of the posting date. If you do not notify GasBuddy within that period, you waive your right to make a GasBack® Dispute with respect to that purchase. GasBuddy may require you to provide written confirmation of the dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, GasBuddy will have no further responsibilities if you later reassert the same GasBack® Dispute.
Pay with GasBuddy
Participants in the Program who are also participants in GasBuddy’s Pay Services using GasBuddy’s bank-linked payment card (also known as Pay with GasBuddy) may use their GasBuddy™ Mastercard® Credit Card to offset any negative balances in connection with their GasBuddy bank-linked account. In addition, to the extent any Participant in the Program has a positive GasBack® Account balance, that GasBack® may be applied to offset any negative balance with respect to their bank-linked account or towards purchase or renewal of their GasBuddy paid membership service.
Unless otherwise required by law, neither GasBuddy nor the Bank, nor any of either company’s respective subsidiaries and affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with the Program or these Program Terms, including but not limited to, use of the Program and any redemption for or purchase of products or services through the Program.
GasBuddy, the Bank, and all of each of such company’s respective subsidiaries and affiliates make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.
Governing Law; Assignment
The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of Texas. You may not assign your rights or obligations under these Program Terms to any other person or entity. Important note: As Provided in the Agreement to Arbitrate below, You and GasBuddy agree that either party may bring Claims arising from or relating to these Program Terms only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
“Claim,” as used in these Program Terms, means any claim, dispute or controversy that in any way arises from or relates to these Program Terms.
Complete Agreement; Severability; Conflicts; No Waiver
These Program Terms supersede any previous terms and conditions governing the Program. The Program is not available where and to the extent prohibited by law. If any part of these Program Terms conflict with applicable law, that provision will be deemed severed from these Program Terms and the remainder of the Program Terms will remain in effect. GasBuddy will not lose its rights under these Program Terms because GasBuddy chooses to delay or not enforce them.
Agreement to Arbitrate; Waiver of Jury Trial
Any dispute, Claim or controversy arising out of or relating to these Program Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. The arbitration shall be administered by JAMS and shall be conducted in accordance with the streamlined procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules (the “Arbitration Rules”). The JAMS Rules governing the arbitration may be accessed at www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration hearing shall be conducted in a location within twenty (20) miles of your address at the time of such arbitration; provided, however, GasBuddy and you shall each have the right and may elect to attend any such hearing by telephone. The arbitration shall be conducted by one neutral arbitrator appointed in accordance with the Arbitration Rules.
In the event state law shall govern, the laws of the State of Texas shall apply, or the law of your state to the extent your home state’s law provides material consumer protection not substantially available under Texas law.
The arbitrator shall have the authority to award any relief at law, or in equity which would otherwise be available in a court of law. The arbitration filing fee and the arbitrator's fee shall be paid by GasBuddy; provided, however, in the event the arbitration is initiated by you, you shall be required to pay $250.00 of the arbitration filing fee, or the actual filing fee for a lawsuit in the court nearest your home, whichever is less, as the Parties intend that the costs of arbitration to you be the same or less than the cost of filing a lawsuit. An Arbitrator's Award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
No Class Action: The parties hereto acknowledge and agree that this arbitration shall be solely between the parties to these Program Terms, and no class arbitration, or other representative action may be undertaken by the arbitrator. The parties further agree that the arbitrator shall not have the power to combine this with any other arbitration or to treat this as a representative action, or as a class action.
Opt-Out Procedures: You may choose to opt-out of this Agreement to Arbitrate by sending a written notice to GasBuddy within 30 days after the date you accept these Program Terms for the first time. You may send your opt-out notice by mail or hand delivery to GasBuddy, LLC 14241 Dallas Parkway, Suite 400, Dallas, TX 75254, ATTN Chief Legal Officer. Your opt-out notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions. Opt-out notices received after this deadline shall be of no force and effect. The opt-out shall not modify any of the parties’ other rights and remedies contained herein.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advance written notice of its intent to file for arbitration. GasBuddy will provide such notice by mail or email using the contact information on file and you must provide such notice by mail to GasBuddy, LLC 14241 Dallas Parkway, Suite 400, Dallas, TX 75254, ATTN Chief Legal Officer.
Waiver and Severability of Terms: GasBuddy’s failure to exercise or enforce any right or provision of these Program Terms shall not constitute a waiver of such right or provision. If any provision of these Program Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Program Terms remain in full force and effect.
Survival of Claims: You agree that regardless of any statute or law to the contrary, any Claim or cause of action arising out of or related to the Program must be filed within one year after such Claim or cause of action arose or be forever barred.
Concerns; Initial Dispute Resolution: GasBuddy is available by phone at 1-617-207-6686 or via help.gasbuddy.com to address any concerns you may have regarding your use of the Program. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, Claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The GasBuddy™ Mastercard® Credit Card is issued by Comenity Capital Bank, pursuant to a license from Mastercard International Incorporated. Mastercard is a registered trademark of Mastercard International Incorporated.