Sparrow Rewards Program Terms 

Welcome to Sparrow. The Sparrow Rewards Mastercard allows you to earn cash back rewards for eligible payment transactions pursuant to these Sparrow Rewards Program Terms (the “Rewards Program Terms”).  

By participating or enrolling in this rewards program or otherwise receiving and acting on an offer from us, you agree to these Rewards Program Terms which describe the terms and conditions of the Sparrow Cash Back Rewards Program (“Program”). By using the Account and/or Card, you agree to participate in the Program. Your participation is subject to these Rewards Program Terms. The Program and related services are being provided to you by Sparrow. While you may earn rewards under these Rewards Program Terms by use of your Account and/or Card, our Program and the Rewards are not part of the account and card agreement governing your Card issued by Bank. Bank is not a party to, does not sponsor, provide or provision the rewards or have any responsibility or liability to you under these Rewards Program Terms. The services provided hereunder by Sparrow are independent of the services Bank provides to you in relation to your Account and Card under the account and card agreement you have with Bank. 

Please read and keep these Rewards Program Terms. If you need a physical copy of these Rewards Program Terms or if you have any questions, you may contact us via email at [email protected] or visit our website at sparrowcard.com. 

Definitions 

Within these Rewards Program Terms, “Account” and “Card” refers to the account and credit card issued by Evolve Bank & Trust, member FDIC (“Bank”) subject to the account and card agreement you have with Bank. “You” and “your” refers to each eligible participant under these Rewards Program Terms. The servicer of your Account, Card and provider of this Program is Sparrow, and its agents, authorized representatives, successors, and assignees, and is referred to as “we”, “us”, “our”, and “Sparrow” within these Rewards Program Terms. 

Eligibility:  

In order to participate in the Program, you must have an Account and Card open with Bank that is in good standing. We reserve the right to restrict cash back rewards for any customer in our sole and absolute discretion. Rewards are not transferable or assignable to another person in whole or in part. 

Earning Cash Back Rewards:  

You will receive cash back rewards which shall be in the form of an automatic statement credit equal to 1% of the Eligible Payment Amount (as defined below) made to your Account.  

We will post a statement credit to your Account near the end of each billing period based on the Eligible Payment Amount received on your Account from the day after the due date of your previous billing period through the day of your due date in your current billing period. If your Account is in default, as defined in your cardholder agreement with Bank, or has been closed by you as of the time the credit is to be posted, you WILL NOT receive the credit.  

Cash back rewards have no cash value and cannot be redeemed following the termination of your Account. 

Calculation of the Eligible Payment Amount: 

To be eligible to earn cash back rewards, a payment must be made on or before the due date printed on your previous billing statement, and the payment (or the cumulative amount of payments you submit by the due date) must be at least as much as the minimum payment due amount printed on your previous billing statement.  

Payments that are not eligible:  

Payments that meet any of the following conditions are not eligible for cash back rewards: 

• Payments submitted at a time that the Account is past due, including payments made after the due date if the minimum payment due amount in the current billing period hasn’t yet been met.
• Payments made before the due date that are less than the minimum payment due amount, except if the Account is current at the time of the payment and a subsequent payment is made on or prior to the due date that satisfies the remaining minimum payment owed.

Payment Amount Net of Returned Payments: 

The amount of any payments that were reversed or returned on your Account during the period will be subtracted from the amount of eligible payment. The resulting amount is the Eligible Payment Amount of which the cash back rewards amount will be based upon. 

WE RESERVE THE RIGHT TO DETERMINE IN OUR SOLE DISCRETION WHETHER A PARTICULAR PAYMENT IS AN ELIGIBLE PAYMENT OR TO INCLUDE OR EXCLUDE OTHER CHARGES FROM THE CALCULATION OF THE ELIGIBLE PAYMENT AMOUNT. 

Program Restrictions:  

You will receive an automatic cash back rewards credit on each statement where the Eligible Payment Amount is greater than zero. Cash back rewards statement credits will reduce the balance on your Account but will not count as payments. You will still be required to pay at least the Minimum Payment Due as shown on your billing statement each month. You WILL NOT earn cash back rewards for Payments made while your Account is in default as defined within your cardholder agreement with Bank.  

Changes:  

These Rewards Program Terms may be modified from time to time in our sole discretion. Unless we indicate otherwise, modifications will be effective as of the date they are posted on this page or any successor page. Changes may include, but are not limited to, changing the definition of the Eligible Payment Amount, changing the amount of Rewards you can earn for Eligible Payment Amounts, the distribution of Rewards, the imposition of an annual Rewards Program membership fee or of any fees associated with the Rewards Program, or adding new Rewards or canceling particular Rewards and/or the Rewards Program entirely. We reserve the right to update these Rewards Program Terms at any time, including without limitation amendments to the definition of the Eligible Payment Amount. We will give you prior notice to the extent required by law and may notify you of such changes via our website or by email at the address on-file with your Account, but we have no obligation to notify you of every update. Any revisions may affect your ability to earn cash back rewards. 

Termination:  

We may suspend or terminate the Program or your participation in the Program at any time without prior notice. In such event, we will evaluate your Account for any eligible cash back rewards as of the Program termination date. Provided that you meet all of the other Program Restrictions listed above at that time, you will receive a statement credit comprised of the cash back rewards earned during the current billing period. 

Limited Liability:  

Unless otherwise required by law or these Rewards Program Terms, we will not be liable to you or anyone making a claim on your behalf, in connection with: (1) any change or termination of the Program; (2) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; (3) any taxes that you incur as a result of receiving cash back rewards, payment of which taxes will be your responsibility; (4) any merchandise or services you purchase, or for any direct, indirect or consequential damages with respect to the use of your rewards. In any event, any liability that Sparrow may have to you in connection with the Program shall be limited to the amount of any cash back rewards you have earned in this Program. The Program and cash back rewards are void or limited where prohibited or restricted, respectively, by federal, state or local law. 

Please refer to Sparrow’s Privacy Policy for information about how we collect, use and disclose personal information. By enrolling in the Rewards Program and agreeing to these Rewards Program Terms, you acknowledge that you have read, understand, and agree to all of the terms of the Privacy Policy. 

Please note that in order to use the Card and any Card-related services, you have agreed to additional terms and conditions provided to you by Bank and/or other third parties. These third parties may have privacy practices that differ from ours, and we are not responsible for them, or for any third-party content that you may encounter while using the Card and any Card-related services. Please make sure you read all privacy policies and terms carefully. 

We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. 

General Provisions Governing the Rewards Program: 

Indemnification 

You will indemnify and hold harmless Sparrow and our parent(s), subsidiaries, affiliates, entities under common ownership, or otherwise related parties, and service providers, and each of their respective officers, directors, employees, affiliates, agents, licensors, and contractors (“Indemnified Persons”) from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third-party, governmental authority, or industry body, and all liabilities, damages (actual and consequential), losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your use of the Rewards Program; (ii) your breach or alleged breach of these Rewards Program Terms or your violation of any other provision of these Rewards Program Terms, including any terms and conditions incorporated by reference herein; (iii) your violation of any law, rule, or regulation; and/or (iv) your violation of the rights of any third party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

Limitations of Liability 

IN NO EVENT SHALL ANY OF THE INDEMNIFIED PERSONS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF BUSINESS, PROFITS OR OPPORTUNITIES, LOSS OF REPUTATION OR GOODWILL OR ANY SPECIAL, PUNITIVE, AGGRAVATED, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE REWARDS PROGRAM, YOUR ACCOUNT, THE SERVICES, THESE REWARDS PROGRAM TERMS, THE SPARROW PRIVACY POLICY, AND/OR ANY AGREEMENT ENTERED INTO PURSUANT TO, OR IN CONNECTION WITH, THESE REWARDS PROGRAM TERMS OR OTHERWISE. OUR LIABILITY, AND THE LIABILITY OF THE INDEMNIFIED PERSONS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF LOSS OR DAMAGE WHICH IS CAUSED DIRECTLY AND IS REASONABLY FORESEEABLE BY OUR BREACH OF THESE REWARDS PROGRAM TERMS AND SHALL IN NO EVENT EXCEED $1,000. SUCH SUM SHALL BE PAID AS LIQUIDATED DAMAGES BY US TO YOU IN FULL AND FINAL SETTLEMENT AND SATISFACTION OF OUR ENTIRE LIABILITY AND THE INDEMNIFIED PERSONS’ ENTIRE LIABILITY FOR ANY LOSS OR DAMAGE WHICH IS CAUSED DIRECTLY AND IS REASONABLY FORESEEABLE BY OUR BREACH OF THESE REWARDS PROGRAM TERMS. YOU ACKNOWLEDGE AND ACCEPT THAT DAMAGES ARE AN ADEQUATE REMEDY AND THAT YOU SHALL NOT BE ENTITLED TO ANY OTHER CLAIMS OR REMEDIES AT LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO, ANY CLAIM IN REM, INJUNCTION, AND/OR SPECIFIC PERFORMANCE. 

Disclaimer of Warranties 

THE REWARDS PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: SPECIFICALLY, WE DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, THE REWARDS PROGRAM, YOUR ACCOUNT OR CARD, THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. WE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT TRANSACTIONS ON THE PLATFORM ARE PROCESSED IN A TIMELY MANNER, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING WHICH IS DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL. 

SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES. 

Governing Law and Jurisdiction 

These Rewards Program Terms shall be construed in accordance with and governed for all purposes by the laws and public policy of the State of Nevada applicable to contracts executed and to be wholly performed within such state. 

Taxes 

You are responsible for any tax liability you incur related to your participation in the Rewards Program. Please consult your tax advisor concerning any such income or other tax consequences.