Unity™ by Hard Rock Mastercard® Credit Card Rewards Program Terms (“Program Terms”)

Important note: These program terms contain provisions that limit our liability to you, eliminate your right to a trial by jury, require you to resolve disputes with us on an individual basis and not as a part of any class or representative action, and through final and binding arbitration. Review the “Agreement to Arbitrate” section below.

Please read these Program Terms carefully for important information about your rights and obligations in the Unity™ by Hard Rock Rewards Program (“Program”). By participating in the Program, you agree to these Program Terms.

General Information

The Program allows you to earn Points (“Unity Points”) and Tier Credits on the amount you spend as described in the “Earning Unity Points” and “Earning Tier Credits” section below, using your Unity™ by Hard Rock Mastercard® Credit Card Account (your “Account”) at Participating Locations. For a list of participating locations, please visit https://unity.hardrock.com/discover/locations. You can then redeem Unity Points for purchases at Hard Rock restaurants, bars, hotels, lounges, and in retail stores as described in the “Issuing Rewards and Redemption” section below. Tier Credits means those credits issued to your Unity by Hard Rock loyalty account (your “Member Account”) that are used solely to determine the applicable Unity Tier for a Member each year, and are non-redeemable, cannot be converted to cash, or cannot be used towards any purchase. Unity Tier means a tier of the Program available to a Member (with associated Program Benefits) based on Tier Credits earned by that Member as set forth on the Program Website.

These Program Terms are separate from your Unity™ by Hard Rock 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. 

All information collected about you in connection with the Program is subject to Hard Rock’s privacy policy, which can be obtained at https://unity.hardrock.com/privacy-policy

You must have a Unity™ by Hard Rock account to apply for the Unity™ by Hard Rock Mastercard® Credit Card. If you apply for the Unity™ by Hard Rock Mastercard® and are not a Unity member, you will be automatically enrolled. Separate terms and conditions apply to Unity™ by Hard Rock loyalty program. For more information, visit https://unity.hardrock.com/loyalty-rewards-program-terms-and-conditions. 

Additional terms and conditions, rules, and policies, which apply to the Unity by Hard Rock loyalty program, such as those relating to the redemption of Unity Points, may be posted on the Unity Website at unity.hardrock.com or made available at a Participating Location.

Earning Unity Points and Tier Credits

Unity Points

You will earn Unity Points 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”).  

Reward earn for the Unity™ by Hard Rock Mastercard® program is rounded to the nearest whole point value using standard rounding. Earning calculations that end in .5 will round up to the next whole point value. For example, earn calculated to 1.5 Unity Points rounds to 2 Unity Points. All calculations that result in less than .5 will round down. For example, calculated earn of 1.4 Unity Points would round to 1 point.

Using your Unity™ by Hard Rock Mastercard® Credit Card and presenting your Unity™ by Hard Rock loyalty card or digital card found in the Unity app, you will earn a total of: 

• 5 Unity Points for each $1.00 of Net Eligible Purchases made at participating Hard Rock non-casino properties including restaurants as follows:
1. Earn 3 Unity™ Points when you present the Unity by Hard Rock loyalty card and earn an additional 2 Unity™ Points when you pay for your qualifying purchases with your Unity™ by Hard Rock Mastercard® for a total of 5 Unity™ Points.
• 4 Unity Points for each $1.00 of Net Eligible Purchases made on non-gaming spend at participating Hard Rock Casino properties as follows:
1. Earn 1 Unity™ Point when you present the Unity™ by Hard Rock loyalty card and earn an additional 3 Unity™ Points when you pay for your qualifying purchases with your Unity™ by Hard Rock Mastercard® for a total of 4 Unity™ Points.

Using your Unity™ by Hard Rock Mastercard® Credit Card, you will earn:

• 2 Unity Points for each $1.00 spent of Net Eligible Purchases made at Restaurants and Grocery Stores as identified by Merchant Classification Codes as described in the Bonus Points for Special Offers section. This does not include third-party food delivery services (e.g., DoorDash, Grubhub, Uber Eats, etc.). 
• 1 point for each $1.00 spent of Net Eligible Purchases made where Mastercard is accepted.

The following are not considered Purchases for Earning Credit Card Unity Points:

1. the purchase or redemption of any gift cards issued by any of the Hard Rock Affiliated Parties;
2. Non-Qualifying Stays and bookings at packaged rates or discounted or promotional items that are specifically excluded (or if excluded in part, then the excluded part) from the Program;
3. the purchase of tickets to Hard Rock entertainment events or live events at Participating Locations unless specifically designated as eligible for Tier Credits or Unity Points;
4. purchases at any location that is not a Participating Location;
5. purchases at non-participating third-party restaurants, retail stores, or other services, including, but not limited to third-party food delivery services (e.g., DoorDash, Grubhub, Uber Eats, etc.), even if located within a Participating Location;
6. purchases not paid for directly by the Member (e.g., restaurant charges that are billed to a Member's room and are paid for by a Member's employer);
7. group events (i.e., weddings, meetings, receptions, and group menu-based events);
8. sales, use or personal federal, state, or local taxes, including, but not limited to, VAT and GST;
9. gratuities; and
10. any products or services for which it is illegal or prohibited under any Applicable Laws to issue or redeem Unity Points or other Program Benefits.
11. crew room rate, at a business, employee or friends and family rate.

Hard Rock may temporarily prohibit you from earning Unity Points, using Unity Points, or using any features of the Program if: your Account becomes delinquent; Comenity Capital Bank suspects that you or any authorized user has engaged in fraudulent activity related to your Account or the Program; or Hard Rock suspects that you misused the Program in any way.

Unity Points awarded for purchases that do not remain Net Eligible Purchases will be deducted from your Unity Points balance. Returned items may result in credits being applied to your Account, which will reduce or may eliminate accumulated Unity Points and may result in a negative Unity Points balance. If your Unity Points balance goes negative, you must first earn Unity Points to bring your Unity Points balance to zero before earning any Unity Points eligible for redemption. Hard Rock reserves the right to verify and adjust Unity Points, as applicable, at any time.

Tier Credits

Tier Credits means those credits issued to a Member's Account that are used solely to determine the applicable Unity tier for a Member each year, and are non-redeemable, cannot be converted to cash, or cannot be used towards any purchase. All Tier Credits earned will count towards your Tier level. Once you reach a new Tier level, you will receive that Tier level for the balance of the current year and the following calendar year. A calendar year is defined as January 1 – December 31. Using your Unity™ by Hard Rock Mastercard® Credit Card you will earn 5000 Tier Credits when you spend $5000 on Net Eligible Purchases where Mastercard is accepted in a calendar year. Limit of once per calendar year.

For more information on Tier levels, visit https://unity.hardrock.com/loyalty-rewards-program-terms-and-conditions. 

Bonus Points for Special Offers

From time to time, Hard Rock may make bonus offers to earn additional Unity Points (“Bonus Points”). Read each offer carefully, as there may be important conditions or limitations, such as blackout periods, Bonus Points limits, or exclusions. You may have to register to qualify for the offer. Hard Rock may change or withdraw an offer at any time without notice. Any such change or withdrawal will not affect Bonus Points already earned. Certain offers may only be communicated via email. Tax and shipping charges are excluded from specials offers and bonuses.

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 Hard Rock 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. Purchases made with third-party payment accounts, including but not limited to PayPal and Venmo, will not earn additional Unity Points. 

Opt-In Offers

From time to time, Hard Rock may make special offers to earn additional Unity Points, which require you to opt in to the special offer to earn the Unity Points (“Opt In Offers”). Opt In Offers must be opted into before Unity Points are earned, and earning is not retroactive prior to opting in. Opt In Offers will typically have earning criteria and time frames.

Expiration 

Important note: Unity Points will expire after 180 days of inactivity on your Unity™ by Hard Rock loyalty account or on your Unity™ by Hard Rock Mastercard® Credit Card.

Termination and Forfeiture

Important note: Subject to any requirements or limitations of applicable law, Hard Rock may at any time for any reason change or terminate the Program and these Program Terms without notice. 

Hard Rock reserves the right to terminate you from the Program. If the Program terminates, Hard Rock terminates you from participating in the Program, or you voluntarily cancel enrollment in the Program, all Unity Points will be forfeited.

Unity Points will be forfeited if any of the following occur: your 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, or engage in any activity deemed to be abusive or gaming conduct, as determined by Hard Rock. Misuse includes, but is not limited to, obtaining or using an Account to maximize Unity Points earned in a manner that is not consistent with typical consumer activity as determined in Hard Rock’s sole discretion. Misuse of your Account also includes, but is not limited to, failure to make timely payments or any other violation of the terms of your Credit Card Agreement.

Unity Points earned will be forfeited upon your death, and your estate, successors and assigns will have no property rights or other legal claim to access and redeem such Unity Points, unless the Bank receives a written request for redemption of Unity Points within 12 months of the documented date of your death from the executor or administrator of your estate, along with documentation satisfactorily to us of your death and the identity and appointment of the executor or administrator. The balance subject to redemption will be the balance as of the documented date of death and will be redeemed in the form of a statement credit for accounts with a balance, otherwise a check made out to the estate at the then current conversion rate of the program as described in the then current terms and conditions. 

Issuing Rewards and Redemption

You may redeem Unity Points for Rewards at participating Hard Rock restaurants, bars, hotels, lounges, and retail stores. Earning and Redemption of Unity Points will be void where prohibited by law. Once you’ve redeemed Unity Points, your Unity Points balance will be reduced by the number of Unity Points used and will appear on unitybyhardrock.com. 

You can redeem your Unity Points at Participating Locations. The number of Unity Points required to be redeemed for a particular purchase are set forth on the Program Website or are available at a Participating Location. The Participating Location reserves the right, in its sole discretion, to change the number of Unity Points required to redeem a particular purchase at any time by posting such changes on the Program Website or making such changes available at Participating Locations.

You must use your Unity Card to redeem your Unity Points at a Participating Location. In redeeming Unity Points for Game Play, you will also be required to provide your PIN. Some Participating Locations may allow you to redeem your Unity Points by you providing an Approved Identification rather than your PIN. Some Participating Locations may have additional terms and conditions regarding the use of Unity Points, including expiration dates for Unity Points, or periods during which the Unity Points may not be used.

If you redeemed Unity Points: (i) to purchase merchandise and that merchandise has been approved for return by the Participating Location; or (ii) you cancel a hotel booking at a Participating Location in accordance with applicable hotel room cancellation policies, the number of Unity Points used for the purchase of the returned merchandise, or the approved cancelled hotel booking will be credited back to your Account; provided, however, non-refundable, pre-paid rates shall not be refunded. No cash refunds in respect of the Unity Points will be issued.

Except as provided in the preceding paragraph, all Unity Point redemptions are final unless otherwise allowed at the sole discretion of the Participating Location.

Unless otherwise required under Applicable Laws, you do not have any ownership rights in Tier Credits, Unity Points, or other accrued Program Benefits, and these do not constitute property of the Member. Except where required by Applicable Laws, Tier Credits, Unity Points and other Program Benefits are not negotiable, commissionable, or redeemable for cash and are void if sold for cash or other consideration.

Other Terms

Unity Points may not be sold, transferred or altered in any way by you. Unity Pointsyou earn may not be combined with Unity Pointsearned on any other credit account or earned by anyone else (other than your Authorized User). 

You may review your Unity Points balance via the Unity™ by Hard Rock website at https://unity.hardrock.com/. It may take up to two billing cycles for Unity Points to post.The amount of Unity Points earned is based on the date your purchase was made, which may be different than the date the transaction posts to your Account. For mail order, special order, online, and other purchases, your transaction may not post to your Account until items have shipped.

Communications and Customer Service

Hard Rock and Comenity Capital Bank may send communications regarding the Program by mail, phone, email or other methods, including through online Account Center or the Unity by Hard Rock website at https://unity.hardrock.com/ 

If you have any questions about the Program or to update your contact information, please contact Hard Rock Customer Care either by mail at Unity Customer Care, Unity by Hard Rock, 5701 Stirling Road, Davie, FL 33314 USA; by email at [email protected]; or by phone at 1-888-519-6683 in the US or Canada or 1-954-488-7304 for international. Hard Rock Customer Care is open for phone calls from 8:30am to 11:00pm ET. You may also visit the Unity by Hard Rock website at https://unity.hardrock.com/. Hard Rock 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 at the Unity by Hard Rock website at https://unity.hardrock.com/

Points Disputes

If your Tier Credits or Unity Points earned with your Unity™ by Mastercard® Credit Card do not appear, you must contact Unity Customer Care by telephone at +1 (888) 519-6683 or by email at [email protected] for further assistance. Hard Rock will use reasonable efforts to investigate your Unity Points Dispute earned on qualifying transactions made on your Unity™ by Hard Rock Mastercard® Credit Card if you notify Hard Rock within 60 days of the posting date. If you do not notify Hard Rock within that period, you waive your right to make a Unity Points Dispute with respect to that purchase. Hard Rock 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, Hard Rock will have no further responsibilities if you later reassert the same Unity Points Dispute.

Limited Liability 

Unless otherwise required by law, neither Hard Rock nor the Bank, nor any of our or its 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. 

No Warranties

Hard Rock, 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.

Taxes 

You are responsible for any tax liability that may result from participation in the Program. Consult your tax advisor concerning such tax consequences.

Cancelling Program Participation 

You may cancel your participation in the Program at any time by contacting Hard Rock Customer Care either by mail at Unity Customer Care, Unity by Hard Rock, 5701 Stirling Road, Davie, FL 33314 USA; by email at [email protected]; or by phone at 1-888-519-6683 in the US or Canada or 1-954-488-7304 for international. Hard Rock Customer Care is open for phone calls from 8:30am to 11:00pm ET. If you cancel your participation in the Program, you will no longer earn Unity Points and you will forfeit your unused and unexpired Unity Points. Your cancellation will not affect any previously redeemed Rewards. For further terms associated with program cancellation by you, Comenity Capital Bank, or Hard Rock, please refer to the full program terms and conditions at https://unity.hardrock.com/loyalty-rewards-program-terms-and-conditions. 

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 Florida. You may not assign your rights or obligations under these Program Terms to any other person or entity. Important note: You and Hard Rock agree that each of us 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.

For further terms associated with governing law, please refer to the full terms and conditions at https://unity.hardrock.com/loyalty-rewards-program-terms-and-conditions. 

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. Hard Rock will not lose our rights under these Program Terms because Hard Rock chooses to delay or not enforce them.

Agreement to Arbitrate

Important note: Any party may elect to arbitrate any claim arising from or relating to these program terms (including disputes about the validity, scope or enforceability of this agreement to arbitration), in which case such claim shall be settled by binding arbitration on an individual basis and not as part of any class or representative action.

Arbitration may be elected by any party with respect to any such Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Hard Rock will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, Hard Rock then has the right to demand arbitration. 

The arbitration will be conducted by the American Arbitration Association ("AAA"), JAMS, or any other company selected by mutual agreement of the parties (the “Administrator”), in accordance with the rules of the Administrator. Payment of all filing, administration and arbitrator fees will be governed by the Administrator’s rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, Hard Rock will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. The arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator’s decision must be with written explanation and remain confidential. For purposes of this “Agreement to Arbitrate” section, these Program Terms are governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Opt-Out Procedures: You may choose to opt-out of this Agreement to Arbitrate by sending a written notice 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 Unity Customer Care, Unity by Hard Rock, 5701 Stirling Road, Davie, FL 33314 USA. Your opt-out notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions.

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days advanced written notice of its intent to file for arbitration. Hard Rock will provide such notice by mail or email using the contact information on file with us and you must provide such notice by mail to us at Unity Customer Care, Unity by Hard Rock, 5701 Stirling Road, Davie, FL 33314 USA.

Licensing

The Unity™ by Hard Rock 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.

Must be twenty-one (21) years of age or older to gamble. Must be eighteen (18) years of age or older in Florida to participate in Bingo and Poker. Must be eighteen (18) years of age or older in the Dominican Republic. Hard Rock offers PlayersEdge information to its patrons to encourage responsible gaming at all participating locations. Bet with your head, not over it. If you or anyone you know has a gambling problem, in CA, IL, NJ, NV, Punta Cana, VA call: 1-800-GAMBLER (426-2537) or ncpgambling.org; FL: 1-888-ADMIT-IT (236-4848) or gamblinghelp.org, Florida Council on Compulsive Gambling; IN: 1-800-994-8448; OH: 1-800-589-9966.