ExtraMile Extras® Program with Digital Club Programs Terms and Conditions
August 7, 2019
PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By reviewing these Terms and Conditions, agreeing to them when registering your account, and participating in the ExtraMile Extras Program, you agree to the following terms and conditions.
A. Overview of the ExtraMile Extras® Program with Digital Club Programs
The ExtraMile Extras Program (the "Program") is a rewards program for participating customers to earn free items when they make qualifying purchases at a participating ExtraMile store. Customers will receive one (1) reward called an “Extra” (“Reward(s)” or “Extra(s)”) after they have made five (5) qualifying purchases, as set forth herein. Customers who register for the Program can also participate in Digital Club Programs (the “Club Program”) as they are offered, from time to time, where they earn digital card punches or digital coupons for a free item or discount with a certain number of purchases of a similar item. Club Programs and offers may vary by location and store. The ExtraMile Extras Program and the Club Program are collectively referred to as “the Programs” in these Terms and Conditions. See Section D below for additional information on how to earn in the Programs.
The Programs are open to legal residents of Washington, California, Oregon, Nevada, Utah and Idaho, who are 13 years or older at the time of account registration. The Programs are void outside of these states and where prohibited by law. Employees and contractors of ExtraMile Convenience Stores LLC (“Sponsor”), Chevron Products Company, a division of Chevron U.S.A. Inc., and their parents, subsidiaries, and affiliates may also participate.
C. Registering in the Programs
Customers who meet the eligibility requirements in Section B above may register for the Programs in one of three (3) ways:
- ExtraMile Extras Loyalty Card: Ask for an ExtraMile Extras Loyalty Card (“Loyalty Card”) at any ExtraMile store and register your Loyalty Card by visiting www.extramileextras.com or downloading the free ExtraMile Extras App (the “App”) and following the new account registration instructions. Upon registration of your Loyalty Card, you will receive a welcome message and your first Reward for registering in the Programs. Consumers who start using their Loyalty Card with purchases at an ExtraMile store before completing their account registration through the App or the Website, can begin to earn up to five (5) Shields, as described below, but may not redeem a Reward until they have registered their Loyalty Card. Any qualifying purchases made after the accrual of the maximum of five (5) Shields and before completing your account registration will not count toward your Shields balance.
- ExtraMile Extras Mobile App: To register through the App without a Loyalty Card, visit the Apple App Store or Google Play Store to download the free ExtraMile Extras mobile application. Click on the Sign-Up/Register button on the App and enter the required data. You will then receive a welcome message and your first Reward for signing up.
- ExtraMile Extras Website: To register through the Website without a Loyalty Card, visit www.ExtraMileExtras.com (the “Website”), click on the Sign Up Page and enter the required data. You will then receive a welcome message and your first Reward for signing up.
Registering for the ExtraMile Extras Program in any of the above manners, automatically registers you in any digital Club Program offered at the time through the Website and App. Each eligible customer who successfully registers their account will hereinafter be referred to as a Member. There is no purchase required to become a Member. Members may not combine accounts. Limit of one (1) initial Reward per Member. Only Members can earn Rewards or Club Program items and discounts.
Members should promptly notify the Sponsor of any changes to personal information such as name, address, phone number and email address by emailing [email protected], calling a customer service representative at 1-833-238-8971 or through the ‘Contact Us’ page on the Website. Sponsor reserves the right to cancel any account for which it has incomplete, inaccurate, false or fictitious personal information. Any Shields or Rewards earned will be forfeited if your account is canceled.
D. Earning Rewards/Extras/Club Program Items
Members earn Shields toward a Reward (each a “Shield,” collectively, “Shields”) when making an ExtraMile purchase by: (1) presenting their Loyalty Card to the cashier at time of purchase; (2) entering their registered phone number on the PIN pad at the register; or (3) clicking on the icon within the App for their unique bar code and having the cashier scan it at the register at the time of their purchase. An ExtraMile purchase in these Terms and Conditions, is any purchase that does not consist solely of tobacco, alcohol, lottery and these other items: motor fuel, services, car washes, propane, restaurant-prepared food, phone/prepaid wireless cards, gift cards and charitable donations (hereinafter a “Purchase”).
Members can also earn digital progress rewards towards Club Program items and discounts (each a “Digital Card Punch” or “Digital Card Punches”) while earning Shields when making Purchases as described above. The number of Digital Card Punches needed to qualify for a Club Program item or discount will vary with each Club Program offer as detailed in the App. Members can also participate in exclusive discounts on certain featured products identified in the Specials section of the App.
One (1) Shield is earned for each Purchase made. A maximum of three (3) Shields per day may be earned. When a Member has accrued five (5) Shields (by making five (5) Purchases), he/she earns a choice of one (1) of the available Rewards, at no additional cost. Members can see if they have an available Reward to redeem or to check their Shields balance by accessing their account on the App or Website or at the bottom of their store register receipt. Rewards expire 30 days after earning them. Available Rewards may change throughout the year, and will typically include certain Free drinks and snacks, such as a FREE Coffee, a FREE Fountain Drink, a FREE Water and other snack items. Visit the App or Website for a current list of available Rewards and Club Program offers or visit an ExtraMile store for more information. Available Rewards are subject to change at any time at the sole discretion of Sponsor.
- Members can track their accrued Shields and Club Program progress in their registered account. A maximum of three (3) Shields and (3) Digital Card Punches may be earned per day by making three (3) separate Purchases in one day. Each day begins at 12:00:00 AM and ends at 11:59:59 PM Pacific Time (PT). Purchases of Club Program items will also earn Shields toward a Reward.
- Sponsor reserves the right to change the available Rewards, the number of Shields available to earn per Purchase, the number of Shields required to earn a Reward, the number of purchases required to earn a Digital Card Punch or available Club Program item or discount and how Members can earn Rewards or Club Program items or discounts, or any other terms and conditions at any time.
- Members must present their physical Loyalty Card to the cashier, enter their registered phone number on the PIN pad at the counter or scan their bar code from the App at the time of their purchase for Purchases to count toward earning any Shields, Digital Card Punches or Club Program items and discounts. Rewards expire thirty (30) days after earning them. Rewards can be redeemed one (1) time only. Shields expire sixty (60) days after earning them. Club Program offers may change periodically and free items earned may be subject to expiration dates that may vary by Club Program or item earned and will be listed on the Club Program item, discount or offer.
- Members may not combine, transfer or sell Rewards or any Shields accrued in his/her account to any other person. Any attempt to combine, transfer or sell Rewards or any Shields accrued in his/her account to any other person will result in disqualification from the Program and forfeiture of all Shields earned in the Member’s account. Sponsor reserves the right to take any action it deems appropriate in its sole discretion in the event that it believes, in its sole discretion, that any Member has violated any of these provisions.
- Rewards are void if (a) not obtained in accordance with these Terms and Conditions and through legitimate channels; (b) any part of the Reward is counterfeit, altered, defective, tampered with or irregular in any way; or (c) obtained as the result of a sale or transfer which Sponsor, in its sole discretion, determines is in violation of these Terms and Conditions and the objectives of the Program. The Shields for Purchases and Rewards earned will appear in the Member’s account within 2 business days after verification is complete. If additional time is needed for any reason, Sponsor reserves the right in its sole discretion to award Rewards in more than 2 days.
- If a Member believes that he/she made a Purchase that wasn’t added as a Shield to the Member’s account, the Member has 15 days to contact Customer Service by calling 1-833-238-8971, emailing [email protected] or through the ‘Contact Us’ page on the Website.
- Sponsor reserves the right to require proof, including, but not limited to, the receipt showing a Purchase, and the right to request proof that the Purchase was made by the Member in compliance with these Terms and Conditions. In its sole discretion, Sponsor reserves the right to reverse Purchases previously credited to a Member’s account, if, upon Sponsor’s request, a Purchase cannot be properly verified. Sponsor’s decisions regarding the awarding of Rewards are final and binding. If Sponsor determines that previously verified Purchases are invalid for any reason, Sponsor reserves the right to remove the applicable Purchases from the Member's account.
E. Redeeming Rewards/Extras/Club Program Items
- Members may redeem their Rewards at any time prior to their expiration at any ExtraMile store, subject to individual location availability and the terms and conditions of the Reward.
- Each Member is responsible for ensuring the accuracy of his/her account and is encouraged to check his/her account regularly via the App or Website. Each Member is responsible for ensuring that the mobile phone number and/or email address associated with his/her account is accurate and up to date. Sponsor is not responsible for non-receipt of a Reward that was sent to the mobile phone number and/or email address associated with a Member’s account. Changes to accounts or account information may only be made by the Member to whom the account belongs.
- All Reward redemptions are final. Refunds, exchanges and other issues regarding the product redeemed are governed by the store’s policies for the purchase and are not the responsibility of Sponsor.
- The Shields or Digital Card Punches earned for Purchases that have accrued in a Member’s account have no cash value, are not transferrable, and are only redeemable for Rewards and Club Program items, discounts and offers via the Programs as featured on the Website and the App in accordance with these Terms and Conditions.
- Digital coupons for product discounts earned in the Club Program are redeemed by purchasing the promoted product and scanning the appropriate coupon bar code from the App. Coupons and discounts are subject to store availability and offer can be changed or removed at any time, at Sponsor’s sole discretion.
- All Rewards expire thirty (30) days after earning them. Club Program items, discounts and offers may be subject to expiration dates that may vary by Club Program or item earned and will be listed on the Club Program item, discount or offer.
- Email Messages: As part of registering your account, you provide your email address. You will receive information about the Program (including periodic updates about the Program) as well as promotional announcements and other marketing messages and information (including special offers) from time to time. You may opt out of receiving these marketing emails at any time by doing one of the following: (i) emailing [email protected] or calling 1-833-238-8971 and requesting to be removed from our email marketing distribution list, (ii) changing your account preferences via the App or Website, or (iii) following the opt-out mechanism in any marketing email you receive. If you opt out, you authorize Sponsor, its subsidiaries, affiliates, and third-party contractors to send you an email confirming you opt-out. Please note that opting out of the email marketing distribution list will not affect the ability to send you transactional email messages about your account or account status.
- Text Messages: You may elect to participate in ExtraMile Extras SMS to receive text messages when you register through the App or the Website, or later by changing your account preferences. By agreeing to receive text messages, you authorize Sponsor, its subsidiaries, affiliates, and third-party contractors to send text messages about the Programs to the mobile phone number that you designate. These may include pre-recorded or autodialed messages and may include promotional or other marketing messages, such as special offers. Standard text message service charges apply. Consent to receive text messages is not required to participate in the Programs or a condition of any purchase. You can unsubscribe from ExtraMile Extras SMS by texting “Stop” in response to the texts or by changing your Member account profile on the App or the Website at any time. If you unsubscribe, you agree that Sponsor may send you one last text confirming the receipt of your request. After that last text, Sponsor will communicate with you by email and/or through the App.
- ExtraMile Extras Mobile App Messages: You may elect to receive push notifications through the App by allowing notifications upon downloading the App or at any time through your device settings. Data rates may apply. You can turn off Push Notifications at any time through your device settings.
- Privacy Statement: To learn how the personal information collected in connection with the Program may be used, read Sponsor's Privacy Statement which is available at http://www.extramileextras.com/tandc/ or http://www.chevron.com/privacystatement/ (“Privacy Statement”). The terms of the Privacy Statement are incorporated herein by reference.
G. Modifications and Termination of the Programs
- Sponsor reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, when Rewards or Club Program items, discounts or offers expire, methods by which Members may earn Shields or Digital Card Punches, the number of Purchases required to earn Shields, Rewards, the eligible products to be deemed Purchases, the available Rewards, and any of the options made available to Members with respect to their accounts, at any time, with notice by posting the notice of such changes at http://www.ExtraMileExtras.com no later than two (2) days prior to implementing the change(s), even though these changes may affect a Member's ability to accrue his/her Shields or Rewards, or Digital Card Punches or Club Program items, discounts or offers.
- Sponsor reserves the right to terminate or temporarily suspend the Programs at any time, for any reason, with notice, even though termination may affect a Member’s ability to accrue or use his/her Shields or Rewards, or Digital Card Punches or Club Program items, discounts or offers. In the event of a termination, Members will continue to have the ability to redeem unexpired Rewards.
- A Member's continued participation in the Programs constitute the Member's acceptance of any changes to these Terms and Conditions and the Privacy Statement. Members are responsible for remaining knowledgeable of any changes that Sponsor may make to these Terms and Conditions and the Privacy Statement. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available at http://www.extramileextras.com/tandc/ and will supersede all previous versions of these Terms and Conditions.
- Shields or Rewards, or Digital Card Punches or Club Program items, discounts or offers accumulated from Purchases are not the property of any Member and may be revoked at any time by Sponsor as set forth herein.
H. Sponsor’s Rights If It Suspects Fraudulent Activity or Malfunctions
- Sponsor reserves the right to discontinue the participation privileges of any Member who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or with any federal, state or local laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated Shields. In addition, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
- Sponsor reserves the right to rescind Shields or Rewards, or Digital Card Punches or Club Program items, discounts or offers credited to an account which were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program.
- The Programs are provided to individuals only. Corporations, businesses, charities, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating Shields for combined use.
I. Limitation of Liability
Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Programs or utilized by Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access any website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Sponsor, Chevron Products Company, a division of Chevron U.S.A. Inc., nor their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Programs or the production or distribution of program materials (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAMS OR REWARDS OFFERED THROUGH THESE PROGRAMS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR IMPROPERLY DENIES ANY MEMBER ANY SHIELDS OR REWARDS, OR DIGITAL CARD PUNCHES OR CLUB PROGRAM ITEMS, DISCOUNTS OR OFFERS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF SHIELDS OR REWARDS OR DIGITAL CARD PUNCHES OR CLUB PROGRAM ITEMS, DISCOUNTS OR OFFERS. BY PARTICIPATING IN THE PROGRAMS, MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Sponsor, its affiliates, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered as a Reward. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR, CHEVRON PRODUCTS COMPANY, A DIVISION OF CHEVRON U.S.A. INC., KRS Points L.L.C., AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED OR SOLD BY ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Members agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.
J. DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER
YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATORS’ DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. AS A CONDITION OF PARTICIPATING IN THIS PROGRAM, YOU AGREED TO THIS PROVISION.
For any dispute with Sponsor, you agree to first contact us at [email protected] or 1-833-238-8971,and to attempt to resolve the dispute with us informally. In the unlikely event that we are unable to resolve a dispute with you after sixty (60) days, you and we agree to that any and all disputes, claims, and causes of action arising out of or connected with the Programs, or any Shield, Reward and/or Rewards, or Digital Card Punches or Club Program items, discounts or offers obtained through the Programs, shall be resolved exclusively through binding and confidential arbitration. The arbitration will take place in the federal judicial district of your residence. As used in this provision, “we” and “us” mean the Sponsor and its subsidiaries, affiliates, predecessors, successors, and assigns, and also includes any third party providing any product, service, or benefit in connection with your participation in the Program. Arbitration will be subject to the Federal Arbitration Act (Title 9, U.S. Code), and not any state arbitration law, notwithstanding any choice of law provision in the Terms and Conditions. The arbitration will be governed by the American Arbitration Association (“AAA”) rules and procedures then in effect and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are EXPRESSLY PERMITTED BY APPLICABLE LAW; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
This provision will survive termination of the Terms and Conditions. With the exception of subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
K. General Terms and Conditions
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of Member and Sponsor in connection with the Programs, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
- These Terms and Conditions constitute the entire agreement between Members and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
ExtraMile Convenience Stores LLC
3875 Hopyard Road Suite 240
Pleasanton, CA 94588
KRS Points L.L.C.
1539 Fillmore Street
Twin Falls ID 83301