I think that their "up to" explanation is BS. As the mouseprint shows, they cap how much you can earn at 3% per cycle, so even if they didn't limit which stores give the 3% cash back, they should STILL include "up to" on the ad copy.

I hope this weasel worded ad and Chase's reply gets seen by whoever investigates banks for their shady lending practices. Dishonest advertising is a sign of a dishonest lender.