Terms and Conditions
U.S. Amex Offers Program Terms and Conditions
Last Modified: August 1, 2024
These Amex Offers Program Terms and Conditions (“Offers Program Terms”) apply to your participation in the Amex Offers Program. If you do not agree to be bound by these Offers Program Terms, you should not participate in the Amex Offers Program.
These Offer Program Terms should be read together with the Terms and Conditions that apply to each Offer (“Offer Terms”). Use of your Eligible Card in the Amex Offers Program is subject to your agreement with American Express governing your Eligible Card account (“Cardmember Agreement”) which you can access here: https://www.americanexpress.com/en-us/company/legal/Cardmember-agreements/.
Unless otherwise disclosed in the Offer Terms, the following Cards may be eligible to participate in the Amex Offers Program (each an “Eligible Card”):
- U.S. Consumer Cards issued by American Express;
- U.S. Business Cards issued by American Express;
- U.S. American Express branded Cards issued by a third-party financial institution.
Additional Card Members may also be eligible to participate in the Amex Offers Program, however any rewards or credits will be applied to the Basic Card Members account.
The following Cards are not eligible to participate in the Amex Offers Program:
- American Express Corporate Cards; and
- American Express Gift Cards and Prepaid Cards.
All Card Members who have an Eligible Card may be eligible to participate in the Amex Offers Program. We may consider a number of factors in determining your eligibility to participate in the Amex Offers Program. You may not be eligible to participate in the Amex Offers Program if we, in our sole discretion, determine that you have previously engaged in abuse, misuse or gaming of the Amex Offers Program, or any other American Express program.
Your Eligible Card account must not be in default to participate in the Amex Offers Program.
Card Members who have an Eligible Card must redeem an Amex Offer by first adding the offer to their Eligible Card in their online account or in the American Express App and then using their enrolled Card to pay. Offers are non-transferable between Cards.
Adding Offer to Card. To redeem an Offer, you must first add the Offer to your Eligible Card on the Amex Offers page when logged into your account. You will not be eligible to receive the Offer if you did not first add the Offer to Card prior to making the relevant purchase.
Qualifying Purchase. Each Offer requires you to make the minimum purchase to be eligible to receive the Offer. Purchases that satisfy all requirements specified in these Offer Program Terms and the Offer Terms are referred to as “Qualifying Purchases.” You must make a Qualifying Purchases(s) before 11:59pm Mountain Standard Time (“MST") on the date of Offer expiration and comply with the applicable Offer Terms.
If American Express does not receive information that identifies a transaction as a Qualifying Purchase, the transaction will not qualify for the Offer. For example, some transactions may not be identified as a Qualifying Purchase(s) if they are made using third parties and are not made directly with the merchant, such as resellers, delivery services, or other intermediaries.
Foreign Currency Transactions and Conversions. You may also benefit from Offers while travelling. Qualifying Purchases must total the minimum required spend for the Offer in USD following conversion of a foreign currency. Foreign currency conversion fees and charges will not contribute to a Qualifying Purchase. If you make a Qualifying Purchase in a foreign currency, the applicable Statement Credit will be credited in USD.
Issuance of Statement Credits or Rewards. In accordance with the Offer Terms, Offers may be redeemable for
- Statement Credits; or
- Rewards (e.g., Membership Rewards®, Reward Dollars, airline miles, hotel points etc.) (collectively, “Rewards”).
If you are eligible for a Statement Credit or Rewards in accordance with the relevant Offer Terms, unless otherwise disclosed in the Offer Terms, the Statement Credit or Rewards will appear on your statement for your Eligible Card within ninety (90) days after the end of the Offer expiration, provided that we receive timely information about your Qualifying Purchase from the merchant by the Offer end date. For example, American Express may not receive information about the Qualifying Purchase from a merchant until all items and/or services from your purchase have been shipped and/or provided by the merchant.
Statement Credits or Rewards may be reversed if the purchase from the Qualifying Purchase is returned and/or cancelled. Your Eligible Card account must be active and not past due or otherwise restricted at the time the Statement Credits or Rewards are issued in order to remain eligible.
For Statement Credits, if the Qualifying Purchase is subject to fees in accordance with your Cardmember Agreement (such as interest charges), such charges may accrue on the total amount of the Qualifying Purchase prior to the application of any Statement Credit and accrue from the date such purchase was made (i.e. without any savings from the Offer being applied). You will be responsible for paying any amounts due pursuant to the terms of your Cardmember Agreement.
For Membership Rewards points, any additional points you receive through an Offer are in addition to the points you would normally receive for purchases charged to your Card. Terms and conditions of the Membership Rewards program apply. Visit membershiprewards.com/terms for more information. Participating partners and available rewards are subject to change without notice. The value of Membership Rewards points varies according to how you choose to use them. The learn more, go to www.membershiprewards.com/pointsinfo.
Offer Availability. Enrollment in Offers may be limited. Unless otherwise disclosed in the Offer Terms, Offers will be available until the first to occur (i) enrollment limits are met or (ii) 11:59pm MST on the date of Offer expiration. Amex Offers are available for varying and limited periods of time and are dynamic and personalized, and Offers may vary for each Card Member with an Eligible Card. If you navigate away from the Amex Offers page, you may see different Offers when you return. American Express reserves the right to modify or revoke an Offer at any time.
Merchants. The purchase of products or services from a merchant in connection with the Amex Offers Program is governed by and subject to the applicable store's policies (including privacy policies), terms and conditions, including but not limited to the applicable return, exchange, and shipping policies. We are not agents of merchants and operate independently from them. American Express assumes no responsibility and shall not be liable for any content, product and/or services on the merchant’s platforms (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services does not breach any laws or regulations).
Use of your personal information in connection with the Program is governed by AXP’s Privacy Statement, available at www.amexnetwork.com/privacy.html. Specifically, AXP uses personally identifiable information (“PII”) such as name, email address, country, and Eligible Card account number to confirm your eligibility for participation in the Program and to provide you Offers and products through the Program. AXP also uses information you provide through the Amex Offers Program regarding your location to provide you with relevant Offers.
When you enroll in the Program, AXP assigns you a unique identifier (which does not contain your Card account number) that serves to identify you to the Amex Offers Program as a customer possessing an enrolled Card. The unique identifier is used to facilitate the process of presenting Offers, registering/enrolling you in Offers and servicing relating to Offers (including enabling the Amex Offers Program to know which Offers you’ve added to your Card).
By adding an offer to a Card, you agree that American Express may send you communications about the Offer.
AXP may provide certain purchase data regarding an Offer to a merchant participating in such Offer, but such data does not contain your PII or unique identifier.
You agree to immediately notify American Express if you suspect fraudulent or abusive activity in connection with your participation in the Amex Offers Program. If American Express suspects fraudulent or abusive activity, you will cooperate with American Express and use any fraud prevention or other measures American Express prescribes. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your equipment and the Eligible Card you used to participate in the Amex Offers Program.
American Express reserves the right, at its sole discretion, to disqualify your participation in the Amex Offers Program, if you are suspected of tampering with any aspect of the Amex Offers Program, or any other program made available by American Express, or that American Express believes to be acting in an improper or disruptive manner, and to seek damages from any such person to the fullest extent permitted by law.
American Express reserves the right to suspend or cancel any Offer or the Amex Offers Program and/or your participation in the Amex Offers Program or if any fraud, gaming by users, technical failures or similar circumstances impair the integrity or proper functioning of such Offer or the Amex Offers Program, the registration/enrollment process, or a transaction which results, or is reasonably likely to result, in any unforeseen or unpredicted loss or damage arising from your participation in the Amex Offers Program.
You are prohibited from caching, screen scraping, deep linking, link farming, generating commissions or gaming Offers, unauthorized hypertext linking to pages or sites which form part of the Amex Offers Program and framing of any content available through the Amex Offers Program. American Express reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other internet sites linked to the pages or sites which form part of the Amex Offers Program. Access to any other internet sites linked to the pages or sites which form part of Amex Offers (including store sites) is at your own risk.
American Express reserves the right, at its sole discretion and at any time, to suspend, cancel or terminate your eligibility to participate in the Amex Offers Program, any Offer, registration/enrollment in any Offer, and fulfillment of any Offer, with or without notice, including, without limitation, if American Express determines or otherwise suspects that you have engaged in improper, unlawful or other activity in violation of applicable law or otherwise not in conformance with these Offer Program Terms or the Offer Terms.
American Express, its licensed issuers, agencies, participating merchants, third party service providers, internet service providers, and their respective employees, officers, directors and agents (collectively with American Express, “Released Parties”) are not responsible for: (1) any aspect of any Offer, including, without limitation, incorrect or inaccurate information associated with or utilized in an Offer; (2) any transmission delays, interruptions, omissions, deletions, defects, or failures of any kind resulting in suspension of any registration/enrollment page, the Amex Offers Program, any Offer or otherwise, including, without limitation, equipment or system malfunctions, performance degradations, service interruptions, or disconnections or disruptions in phone lines, wireless service provider networks, network hardware or software or internet connectivity; (3) unauthorized human intervention in any part of any Offer, or the Amex Offers Program; or (4) computer, mechanical, printing, typographical, technical or non-technical, or human or other errors or omissions or computer viruses or damage which may occur in connection with the administration of any Offer, any registration/enrollment page or the Amex Offers Program or the processing of your registration/enrollment in or fulfillment of any Offer. If any of the foregoing occurs, your sole remedy shall be to terminate your participation in the Amex Offer Program.
The Amex Offers Program, the registration/enrollment pages and the Offers are provided on an “As Is” and an “As Available” basis. American Express specifically disclaims any warranties regarding any goods or services advertised in conjunction with any Offer, and disclaims any implied warranties, including any warranties of merchantability or fitness for a particular purpose. You hereby release the Released Parties from all claims relating to your participation in any Offer or the Amex Offers Program, access to and registration on any registration/enrollment page, and use of any Offer. This paragraph E shall survive termination of these Offer Program Terms and the Offer Terms.
If your Eligible Card is issued by American Express, these Offer Program Terms and the Offer Terms do not amend, change or replace any other notices or information that you may receive in connection with your Eligible Card account including, without limitation, any information provided to you on your periodic statement or your Cardmember Agreement. In case of any conflict between these Offer Program Terms and your Cardmember Agreement, the terms and conditions of your Cardmember Agreement with American Express governing your Eligible Card account shall prevail..
If your Eligible Card is issued by a third-party financial institution, in case of any conflict between these Offer Program Terms and your agreement with the third-party financial institution, in respect to the Amex Offer Program, these Amex Offer Program Terms will prevail.
If your Eligible Card is issued by American Express, these Offer Program Terms and any and all claims arising out of or in connection with these Offer Program Terms shall be governed by and interpreted under the Governing Law section of Cardmember Agreement, which you can access here: https://www.americanexpress.com/en-us/company/legal/Cardmember-agreements/.
If your Eligible Card is issued by a third-party financial institution, these Offer Program Terms and any and all claims arising out of or in connection with the terms and conditions of these Offer Program Terms shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions.
For this section, a “claim” means any current or future claim, dispute or controversy relating to any Offer, the Amex Offers Program, or these Offer Program Terms. “We” and “us” means American Express and any corporate parents, subsidiaries, affiliates or related persons or entities. If your Eligible Card is issued by American Express, any and all claims shall be governed by the Dispute Resolution and/or Arbitration section of your Cardmember Agreement, which you can access here: https://www.americanexpress.com/en-us/company/legal/Cardmember-agreements/.
If your Eligible Card is issued by a third-party financial institution, any and all claims shall be governed by the Arbitration subsection set forth below. This paragraph H shall survive termination of these Offer Program Terms. If any portion of this Dispute Resolution section, except as otherwise provided in the Limitations on Arbitration subsection below, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Dispute Resolution section.
Sending a Claim Notice. Before beginning a lawsuit or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally. Go to americanexpress.com/claim for a sample claim notice. The claim notice must describe the claim and state the specific relief demanded. Notice to us must include your name and address and be sent to American Express ADR c/o CT Corporation System, 28 Liberty Street, New York, New York 10005. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.
Arbitration. You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.
The party electing arbitration may select either JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association (“AAA”) (1-800-778-7879, adr.org). Claims will be resolved pursuant to this Arbitration provision and the rules of the selected organization, except where those rules conflict with these Offer Program Terms. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.
Limitations on Arbitration. If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claim to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Card Members or other persons similarly situated.
Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
Arbitration Procedures. This arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. You and we agree that the arbitration will be confidential. You and we agree that you and we will not disclose the content of the arbitration proceeding or its outcome to anyone, but you or we may notify any government authority of the claim as permitted or required by law. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing or by an in-person hearing. At any party’s request, the arbitrator will provide a brief written explanation of the award. The arbitrator’s award will be final and binding, subject to each party's right to appeal as stated in this section and/or to challenge or appeal an arbitration award pursuant to the FAA. To initiate an appeal, a party must notify the arbitration organization and all parties in writing within 35 days after the arbitrator's award is issued. The arbitration organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. The appeal will otherwise proceed pursuant to the arbitration organization's appellate rules. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence.
Arbitration Fees and Costs. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees, but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any offer we made before the final hearing in arbitration, the arbitrator’s award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys’ fees, costs and expert and other witness fees.
American Express reserves the right to change or modify these Offer Program Terms from time to time by posting such modified version on this website. Upon modification, American Express will update the date indicated after “Last Modified” at the beginning of these Offer Program Terms. If you do not agree with the current or a modified version of these Offer Program Terms, you must not participate in the Amex Offers Program. Your participation in the Amex Offers Program following these changes means you accept the revised Offers Program Terms.
If you have any questions regarding the Amex Offers Program, please contact customer service by logging in to your American Express account and using “Live Chat" or by calling the number on the back of your Card.