FOR CUSTOMER SERVICE AND BALANCE INQUIRIES, CALL 1-888-291-9369 OR VISIT

WWW.REWARDEARNER.COM/MOUNTAINREWARDSCARD 

For easiest use ALWAYS KNOW YOUR BALANCE AND TELL THE CASHIER! 

AMERICAN EXPRESS(TM) INCENTIVEFUNDS CARD FOR VAIL RESORTS PURCHASE AND CARDHOLDER AGREEMENT

These terms and conditions govern your use of the American Express(TM) IncentiveFunds Card for

Vail Resorts ("Terms and Conditions"). By purchasing, receiving, signing or using the American

Express IncentiveFunds Card ("Card"), you are agreeing to these Terms and Conditions. 

The terms "you" and "your" refer to the person who purchased the Card and/or the person who is

using the Card. The terms "we" "our" and "us" refer to American Express Travel Related Services

Company, Inc. and its licensees and third-party service providers (including but not limited to

American Express Incentive Services, LLC, the distributor and provider of customer service for

the Card).

FREQUENTLY ASKED QUESTIONS ABOUT THE CARD

Is the Card a debit card or credit card?  No, the Card is a prepaid payment device with a

dollar value that is either printed on the front of the Card or a "variable load" amount that

is selected at the time of purchase. The Card is not a credit, charge or debit card. Except

where required by law, the Card is not redeemable for cash. The Card is not transferable. The

Card may not be used for unlawful purposes. The value on the Card at any time is its "Available

Balance."

Where can the Card be used? Are there any usage restrictions?  THE CARD MAY ONLY BE USED AT THE

FOLLOWING SELECT MERCHANTS AND RETAILERS IN THE UNITED STATES THAT ACCEPT THE AMERICAN EXPRESS

CARD ("SELECT MERCHANTS"):

American Express Mountain Resorts Rewards Cards are accepted at Vail, Beaver Creek,

Breckenridge, Keystone and Heavenly resorts and their participating merchant partners.  See

www.snow.com/amex for a detailed list. 

Can the Card be resold?  No, resale of the Card for any purpose is not allowed. The Card will

be issued with the recipient's first and last name and cannot be used or sold to any other

person.

Is the Card ready to use immediately?  In most cases, as soon as you sign the back of the Card,

it is ready for use. 

How is the Card used to make retail purchases?  Present the Card to the cashier for payment and

tell him/her it is a prepaid card. Sign the receipt with the same signature you used to sign

the back of the Card. Retain the receipt as a record of the purchase.

Are there any fees for the use of the Card after purchase?  This Card has NO FEES AFTER

PURCHASE (including dormancy, service or other fees). 

Do the funds on the Card expire?  No, the funds on the Card do not expire. 

If the funds do not expire, what is the "valid thru" date on the front of the Card?  The "valid

thru" date on the front of the Card is the date through which your physical plastic card must

be used. This date is required to process transactions at merchants that request a plastic

expiration date. Even if the "valid thru" date has passed on the Card, its Available Balance

remains unchanged and intact. In order to keep making purchases with your Available Balance,

after a Card's "valid thru" date has passed, please call 1-888-291-9369 for a free replacement

Card. 

Should the card number be written down?  Yes, you should write down the Card number, along with

the Client Services number (1-888-291-9369) and keep these in a safe place! You will need the

Card number to check your balance or replace the Card if it is lost or stolen.

Should the receipt from the purchase of the Card be kept?  We strongly suggest that you keep

the receipt from the purchase of the Card, as we may require it for a refund, exchange or

replacement. 

How is the balance on the Card calculated?  There are two ways that your Available Balance may

be decreased. First, if you make a purchase with the Card, we will deduct the full amount of

that purchase, including taxes and any other fees, from the Available Balance. Second, if you

use the Card and the Select Merchant authorizes for an amount greater than the actual purchase

(e.g., when you use the Card at a merchant expecting a gratuity), the Available Balance will be

temporarily decreased by the amount of the authorization until the actual transaction posts,

which typically occurs within 3 business days. Only the final amount of the purchase will

ultimately be deducted from the Available Balance. Once the Available Balance reaches zero

($0), the Card is no longer valid and you agree that you will no longer use it. However, if a

transaction occurs despite an insufficient Available Balance on the Card, you agree to

reimburse us, upon request, for the amount of the negative balance created on the Card.

Can the Card be used if its Available Balance does not cover the total purchase price?

Depending on the Select Merchant's policy, you may be able to use the Card with another form of

payment, such as cash, check or another card, to make a purchase. This is known as a "Split

Tender Transaction." To make a purchase for more than the Available Balance on the Card:

1.      Present the Card for payment and tell the cashier it is a prepaid card. 

2.      Tell the cashier the Available Balance and ask whether another form of payment will be

    accepted for the balance of the purchase. 

3.      Before the Card is "swiped," tell the cashier to only authorize the Card for the Available

    Balance.

4.      If the Card is declined, remind the cashier of the Available Balance.

5.      Be prepared to provide a second form of payment to cover the balance of your purchase.

Some Select Merchants may only allow you to use cash or check, but not another card, as the

second form of payment. Some Select Merchants do not permit a second form of payment at all. We

do not guarantee that a Select Merchant will permit a Split Tender Transaction. If you are

having difficulty making a Split Tender Transaction or using the Available Balance on the card

please call 1-888-291-9369 for assistance.

How should the Card be used at merchants that may be expecting a gratuity?  Some types of

Select Merchants may obtain an authorization on the Card for an amount up to 20% more than the

total service bill to cover any anticipated gratuity that may be added. Be sure that the

balance on the Card is sufficient to cover the cost of the bill plus any anticipated gratuity.

If the Card is declined, ask the Select Merchant to obtain an authorization for an amount equal

to or less than the Available Balance. 

What if the Card is lost or stolen?  If the Card or Card number is lost or stolen, contact us

immediately at 1-888-291-9369. You must provide your name, address, Card number and other

details for identification purposes. You agree to give us all reasonable information to help

make a complete investigation of the loss or theft of the Card. If the Card or Card number is

lost or stolen, we will issue you a replacement Card with a value equal to the Available

Balance on the Card at the time you notified us of the loss or theft. NO REFUNDS WILL BE

PROVIDED FOR AMOUNTS DEBITED FROM YOUR LOST OR STOLEN CARD BEFORE YOU NOTIFY US.

Can merchandise purchased with the Card be returned?  Merchandise purchased with the Card is

subject to the Select Merchant's return policies. If the Select Merchant agrees to issue a

credit to the Card this amount may not be reflected in the Available Balance until the credit

posts, which may take up to seven days. 

OTHER IMPORTANT NOTICES

No Warranties: We are not responsible or liable to you (i) for any interruption of Card

service, (ii) for the quality, safety, legality, or any other aspect of any goods or services

purchased from any Select Merchant with the Card, (iii) if any Select Merchant refuses to honor

the Card or special offers and/or (iv) for any other problems you may have with any Select

Merchant. If a Select Merchant fails to honor the Card, please call the 1-888-291-9369 to

report the incident. 

Changing these Terms and Conditions: We may change the terms of, or add new terms to, these

Terms and Conditions at any time, with or without notice, subject to applicable law. In

addition, we may suspend, cancel, add, modify or delete any feature offered in connection with

the Card, with or without notice, subject to applicable law. Any notice given by us shall be

deemed given when deposited in the United States mail, postage prepaid, addressed to you at the

latest address shown on our records or when such notice is posted on our web site. The most

up-to-date Terms and Conditions may always be found at

www.rewardearner.com/mountainrewardscard. 

Assignment and Waiver: We may assign these Terms and Conditions to a third party at any time

without notice to you. However, if we assign these Terms and Conditions, the terms will remain

substantially and materially the same unless you are notified. If we reimburse you for a refund

claim you have made for a lost or stolen Card, or if we otherwise provide you with a credit or

payment with respect to any problem arising out of any transaction made with the Card, you are

automatically deemed to assign and transfer to us any rights and claims, excluding tort claims,

that you have, had or may have against any third party for an amount equal to the amount we

have paid to you or credited to the Card. You agree that you will not pursue any claim against,

or reimbursement from, such third party for the amount that we paid or credited to the Card,

and that you will cooperate with us if we decide to pursue the third party for the amount paid

or credited. Neither our failure to exercise any of our rights under these Terms and

Conditions, nor our delay in enforcing or exercising any of our rights, shall constitute a

waiver of such rights. If we waive any right under these Terms and Conditions on one occasion,

such waiver shall not operate as a waiver as to any other occasion. 

Data Protection and Privacy: During any Customer Service call, we may request that you provide

the card security code printed on the front of the Card, as well as additional identification

information such as your home phone number, date of birth, and zip code. We may also obtain

personal information ("Cardholder Information") about you, including information (i) provided

to us by the Card purchaser, such as your name and/or your address, (ii) provided by you at the

time of activation or during customer service calls, and (iii) about purchases made with the

Card, such as the date, the amount and the place of purchase. For purposes of fraud prevention

and regulatory compliance, we may also obtain information from providers of identity

verification data and demographic information. 

Only those persons who need it to perform their job responsibilities are authorized to have

access to Cardholder Information. We also maintain physical, electronic, and procedural

security measures that comply with federal regulations to safeguard Cardholder Information. 

Disclosure: We will use Cardholder Information to process Card transactions, provide customer

service, enhance usage at retailers who may require zip code authorization, process claims for

lost or stolen Cards and help protect against fraud. We also use Cardholder Information for

marketing purposes and to conduct research and analysis.

We may provide certain Cardholder Information to companies, including our affiliated companies

that perform business operations or services, including marketing services, on our behalf. We

may provide certain Cardholder Information to others outside of American Express as permitted

by law, such as to government entities or other third parties in response to subpoenas. We may

develop marketing programs and send you offer for products and services. We do not share

customer addresses with other companies for them to market their own products and services.

Offers / Choice: If you prefer not to receive offers, you may opt out by signing into your

account and updating your "opt in" status. If you opt out from receiving these offers, we may

still send important information about the Card or other American Express products and services

to you.

Telephone Monitoring/Recording: From time to time we may monitor and/or record telephone calls

between you and us to assure the quality of our customer service or as required by applicable

law. 

ARBITRATION 

Agreement to Arbitrate Disputes: This Arbitration Provision sets forth the circumstances and

procedures under which Claims (defined below) that arise between you and us will be resolved

through binding arbitration. This means that neither you nor we will have the right to litigate

that Claim in court or have a jury trial on that Claim. Other rights that you would have in

court also may not be available or may be limited in arbitration, including your right to

appeal and your ability to participate in a class action. Nothing in this provision precludes

you from filing and pursuing your individual Claim in a small claims court in your state or

municipality, so long as that Claim is pending only in that court. 

Definitions: As used in this Arbitration Provision, the term "Claim" shall mean and include any

claim, dispute or controversy of every kind and nature, whether based in law or equity, between

you and us arising from or relating to the Card or these Terms and Conditions, as well as any

related or prior agreement that you may have had with us or the relationships resulting from

any of the above agreements ("Agreements"), including the validity, enforceability or scope of

this Arbitration Provision or the Agreements. "Claim" also includes claims by or against any

third party using or providing any product, service or benefit in connection with the Card

(including, but not limited to, third parties who accept the Card, third parties who use,

provide or participate in programs accessed with the Card, enrollment services and rewards

programs, debt collectors and all of their agents, employees, directors and representatives) if

and only if, such third party is named as a co-party with you or us (or files a Claim with or

against you or us) in connection with a Claim asserted by you or us against the other. As used

in this Arbitration Provision, "you" and "us" also includes any corporate parent, or wholly or

majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns,

distributor (including but not limited to American Express Incentive Services, LLC), any

purchaser of any accounts, all agents, employees, directors and representatives of any of the

foregoing, and any third party using or providing any product, service or benefit in connection

with the Card.

Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved,

upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the

code of procedures of the national arbitration organization to which the Claim is referred in

effect at the time the Claim is filed (the "Code"), except to the extent the Code conflicts

with this Agreement. Claims shall be referred to either JAMS ("JAMS") or the American

Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a

selection by us of either of these organizations is unacceptable to you, you shall have the

right within 30 days after you receive notice of our election to select the other organization

listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or

for other information about these organizations, contact (1) JAMS at 1920 Main Street, Suite

300, Irvine, CA  92614; www.jamsadr.com, (2) AAA at 335 Madison Avenue, New York, NY 10017,

www.adr.org. In addition to the arbitration organizations listed above, Claims may be referred

to any other arbitration organization that is mutually agreed upon in writing by you and us, or

to an arbitration organization or arbitrator(s) appointed pursuant to section 5 of the Federal

Arbitration Act, 9 U.S.C. sections 1-16, provided that any such arbitration organization and

arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth

below.

Class Action Waiver and Other Restrictions: Arbitration shall proceed solely on an individual

basis without the right for any Claims to be arbitrated on a class action basis or on bases

involving claims brought in a purported representative capacity on behalf of others. The

arbitrator's authority to resolve and make written awards is limited to Claims between you and

us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties.

No arbitration award or decision will have any preclusive effect as to issues or claims in any

dispute with anyone who is not a named party to the arbitration. Notwithstanding any other

provision in these Terms and Conditions (including the "Continuation" provision below), and

without waiving either party's right of appeal, if any portion of this "Class Action Waiver and

Other Restrictions" provision is deemed invalid or unenforceable, then the entire Arbitration

Provision (other than this sentence) shall not apply. 

Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving

interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections

1-16, as it may be amended ("FAA"), and the applicable Code. The arbitrator shall apply

applicable substantive law consistent with the FAA and applicable statutes of limitations and

shall honor claims of privilege recognized at law. Federal or state rules of civil procedure or

evidence shall not apply. Written requests to expand the scope of discovery rest within the

arbitrator's sole discretion and shall be determined pursuant to the applicable Code. The

arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business

matters. Judgment upon the written arbitral award may be entered in any court having

jurisdiction. Subject to the right of appeal under the FAA, the arbitrator's written decision

will be final and binding unless you or we take an appeal from the award by making a dated,

written request to the arbitration organization within 30 days from the date of entry of the

written arbitral award. A three-arbitrator panel administered by the same arbitration

organization shall consider anew any aspect of the award objected to by the appellant, conduct

an arbitration pursuant to its Code and issue its decision within 120 days of the date of the

appellant's written notice. The panel's majority vote decision shall be final and binding.

Location of Arbitration/Payment of Fees: The arbitration shall take place in the federal

judicial district of your residence. Irrespective of who prevails in arbitration, you will only

be responsible for paying your share, if any, of the arbitration fees required by the

applicable Code, which amount shall not exceed the filing fees you would have incurred if the

Claim had been brought in the appropriate state or federal court closest to your residence. We

will pay the remainder of any arbitration fees. At your written request, we will consider in

good faith making a temporary advance of all or part of your share of the arbitration fees.

Waivers also may be available from the JAMS or AAA. 

Continuation: This Arbitration Provision shall survive termination of the Card, as well as

voluntary payment in full of any Shortages, any debt collection proceeding by or between you

and us, and any bankruptcy by you or us. If any portion of this Arbitration Provision, except

the "Class Action Waiver and Other Restrictions" provision above, is deemed invalid or

unenforceable for any reason, it shall not invalidate the remaining portions of this

Arbitration Provision, these Terms and Conditions or any predecessor agreement you may have had

with us, each of which shall be enforceable regardless of such invalidity. 

APPLICABLE LAW

These Terms and Conditions and the Card, and all questions about their legality, enforceability

and interpretation, are governed by the laws of the State of New York, USA (without regard to

internal principles of conflicts of law). 

YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS By using the Card you agree to be

bound by these Terms and Conditions in their entirety.  Should you wish not to be bound by

these Terms and Conditions in their entirety you must, prior to using the Card, request and

obtain a refund of the value of the card by calling the 1-888-291-9369.

Mark: The mark, American Express, marks containing “American Express”, and abbreviations of 
such marks (i.e. Amex, AEIS, AE, etc.) are trademarks of an affiliate of American Express 
Company and are used under limited license while American Express Incentive Services, L.L.C. 
and AEIS Canada, U.L.C. (“AEIS Companies”) change their corporate names and rebrand. The AEIS 
Companies are now subsidiaries or affiliated companies of Maritz Holdings Inc. (formerly Maritz, 
Inc.) and neither American Express Company nor its subsidiaries hold any ownership interest in 
the AEIS Companies.

Copyright 2010 American Express Travel Related Services Company, Inc.