Chevron ExtraMile Extras™ Program Terms and Conditions
July 5, 2017
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
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.
The Program is open to legal residents of Washington, California and Oregon, who are 13 years or older at the time of account registration. The Program is void outside of WA, CA, OR and where prohibited by law. Employees and contractors of Chevron Products Company, a division of Chevron U.S.A. Inc. (“Sponsor”), and its parents, subsidiaries, and affiliates may also participate.
C. Registering in the Program
Customers who meet the eligibility requirements in Section B above may register for the Program in one (1) of three (3) ways: (1) the ExtraMile Extras™ tablet located at participating store locations (using this method will require completing account registration either through the ExtraMile mobile application, available at the Apple App Store or Google Play Store at no additional cost, (“App”) or the ExtraMile Extras™ website); (2) the App; or (3) the ExtraMile Extras™ website at www.ExtraMileExtras.com (“Website”).
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. Member may not combine accounts. Limit of one (1) initial Reward per Member. Only Members can earn Rewards.
Members should promptly notify the Program of any changes to personal information such as name, address, phone number and email address by emailing ExtraMileExtras@orderquestions.com, calling a Customer Service representative at 1-800-574-2757 or using 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
A. A FREE Coffee, any size
B. A FREE Fountain Drink, any size
C. A FREE Dasani Bottled Water 20oz
D. A FREE M&Ms Standards Size
E. A FREE Lay’s Potato Chips
F. A FREE Don Miguel Monster Taquito
Available Rewards are subject to change at the sole discretion of Sponsor.
E. Redeeming Rewards/Extras
G. Modifications and Termination of the Program
H. Sponsor’s Rights If It Suspects Fraudulent Activity or Malfunctions
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 Program 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, Young & Rubicam, Brandmovers, 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 Program 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 PROGRAM OR REWARDS OFFERED THROUGH THE PROGRAM, 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, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF SHIELDS OR REWARDS. BY PARTICIPATING IN THE PROGRAM, 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, BRANDMOVERS, INC, 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 ExtraMileExtras@orderquestions.com or 1-800-574-2757 or via the Website or App, 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 that any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Shield, Reward and/or Rewards obtained through the Program, 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
Chevron Products Company
a division of Chevron U.S.A. Inc.
6001 Bollinger Canyon Rd.
San Ramon, CA 94583
590 Means Street
Atlanta, GA 30318
ExtraMile Extras™ Program Privacy Statement
Chevron U.S.A. Inc. and its divisions, including Chevron Products Company (“Chevron”), are committed to protecting your privacy. This statement explains the steps we take to protect personal data collected on the ExtraMile Extras Program (“Program”) website and the ExtraMile Extras page of the ExtraMile mobile application (“App”). It describes what categories of personal data we collect, the purposes for which we use those data, your choices regarding use of personal data about you, our security measures, and how you can review and correct data about you. By accessing the Program website and/or App, you consent to the data collection and use practices described in this privacy statement.
Data collected directly from visitors. You can visit the Program website and/or App without providing any personal data. However, on some pages, we ask you for personal data to complete your registration in the Program, track rewards earned or review your Program account activity. The personal data that we collect may include:
You are not required to provide this information. However, if you choose
not to, we may not be able to provide you the requested service or complete
your registration in the Program.
Data collected by automated means. We collect certain data about all visitors to the Program website and/or App, including what pages they view, the number of bytes transferred, the links they click, and other actions taken within the Program website and/or App . On pages to which you logon, we may connect this information with your identity to determine your potential interests in our products and services. We may also use this information to improve our security measures. We also collect certain standard information that your browser sends to every website you visit, such as your Internet Protocol (IP) address, your browser type and capabilities and language, your operating system, the date and time you access the site, and the website from which you linked to our site.
Personal Data Use
our use of personal data
We will use personal data only for the purposes set forth below.
Services and transactions. We use personal data to deliver services or execute transactions you request, such as providing information about Chevron products and services, processing orders, answering customer service requests, facilitating use of the Program website and/or App, and so forth. In order to offer you a more consistent experience in interacting with Chevron, information collected by the Program website and/or App may be combined with information we collect by other means.
Website improvement. We may use data about you to improve the Program website and/or App (including our security measures) and related products or services, or to make the Program website and/or App easier to use by eliminating the need for you to repeatedly enter the same information, or by customizing the Program website and/or App to your particular preference or interests.
Marketing Communications. With your permission, we may use personal data to inform you of products or services available from Chevron. When collecting information that might be used to contact you about our products and services, we give you the opportunity to opt-out from receiving such communications. Moreover, each email communication we send includes an unsubscribe link allowing you to stop delivery of that type of communication. If you elect to unsubscribe, we will remove you from the relevant list within 10 business days.
Cookies and Web Beacons
Cookies are small files that websites save to your hard disk or to your
browser's memory. The Program website may use them to track the number of
times you have visited the website, to track the number of visitors to the
website, to determine and analyze visitors' use of the website, to store
data that you provide (such as your preferences), and to store technical
information related to your interactions with the website. We may also use
session cookies, which are deleted when you close your browser, to store
your user ID, to facilitate your movement around the website (particularly
in connection with information searches and rewards tracking) and other
information useful in administering the session.
The Program website also may contain electronic images known as Web beacons—sometimes called single-pixel gifs—that allow us to count the number of users who have visited those pages. We may include Web beacons in promotional email messages or newsletters in order to determine whether messages have been opened and acted upon, including whether the recipient clicked on a link in the email or forwarded the email to another person.
Adjusting Browser Settings to Manage Cookies or Send “Do Not Track” Signals:
Most Internet browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your computer. If you choose not to accept cookies, you may not be able to experience all of the features of the Program website. Internet browsers also enable you to delete existing cookies, although this means that your existing settings (including stored user IDs and other preferences) will be lost. Some web browsers may also give you the ability to enable a “do not track” setting. This setting sends a signal to the websites you encounter while web browsing. This “do not track” signal is different from disabling certain forms of tracking by declining cookies in your browser settings, as browsers with the “do not track” setting enabled may still accept cookies. Chevron does not respond to web browser “do not track” signals at this time. If we do so in the future, we will describe how we do so in this Privacy Statement.
Personal Data Disclosure
disclosure of personal data
Except as described below, personal data that you provide to Chevron via
the Program website and/or App will not be shared outside of Chevron, its
subsidiaries and affiliates and its joint ventures without your consent.
Disclosure to service providers. Chevron contracts with other companies to provide services on our behalf, such as hosting websites, sending out information, processing transactions, and analyzing the Program website. We provide these companies with only those elements of personal data they need to deliver those services. These companies and their employees are prohibited from using those personal data for any other purposes.
Disclosure in connection with transactions. In connection with certain transactions, we may disclose some or all of the personal data you provide to financial institutions, government entities and shipping companies or postal services involved in fulfilling the transaction.
Disclosures in connection with acquisitions or divestitures. Circumstances may arise where for strategic or other business reasons Chevron decides to sell, buy, merge or otherwise reorganize particular businesses. Such a transaction may involve the disclosure of personal data to prospective or actual purchasers, or receiving it from sellers. Although it is Chevron's practice to seek protection for information in these types of transactions, we cannot guarantee that any entity receiving such data from Chevron in connection with one of these transactions will comply with all of the terms of this privacy statement.
Disclosure on collaborative websites. Some of our websites promote collaboration among registered users with respect to a particular area or topic. On those websites, we may share your username with other participants to label comments or suggestions that you make as yours. We do not, however, share your name, contact details, or other personal data with other users of those collaborative websites.
Disclosure for other reasons. We may disclose personal data if required to do so by law or in the good-faith belief that such action is necessary to comply with legal requirements or with legal process served on us, to protect and defend our rights or property, or in urgent circumstances to protect the personal safety of any individual.
Chevron is committed to protecting the security of personal data. While no
security measure can guarantee against compromise, we use a variety of
security technologies and procedures to help protect data from unauthorized
access, use, or disclosure. For example, we store the personal data you
provide on computer systems with limited access that are located in
facilities to which access is limited. When you move around a site to which
you have logged in, or from one site to another that uses the same login
mechanism, we verify your identity by means of an encrypted cookie placed
on your machine. When you place an order with us, view account information,
or provide financial information, we protect the transmission of such data
using Secure Socket Layer (SSL) encryption.
For sites to which you log in, it is your responsibility to ensure the security of your password and to not reveal this information to others. If you are sharing a computer with anyone, you should always log out before leaving a website so that subsequent users will not be able to access your data.
Reviewing Personal Data
In some cases, you can review and correct personal data provided through
the Program website and/or App by going to the page on which you provided
the data. You can also make a request to review and correct personal data
collected via the Program website and/or App or submit any inquiries or
concerns you may have regarding personal data by sending an email.
To the extent required by law, we provide users with (i) reasonable access to the personal information they provide through the Program website and/or App, and (ii) the ability to review, correct and delete such personal information. To help protect your privacy, we take reasonable steps to verify your identity before granting access to your information. You can help us to keep data about you accurate by notifying us of any change to your phone number or email address.
Links to Other Websites
The Program website may contain links to other websites, including those of other companies, professional and government organizations, and publications. These websites operate independently from the Program website, and we do not control and are not responsible for the content, security or privacy practices employed by other websites. You should review the privacy statements of those websites to determine how they protect and use personal data.
This site is a general audience site, although it contains information that may be of interest to children. However, Chevron does not seek through the Program website to gather personal data from or about persons 12 years or younger. If one of our websites is directed at children, we will include an additional privacy statement notice for children.
Questions about our Privacy Practices
If you have questions regarding this privacy statement or our handling of
personal data, please contact us by email, or by
Attn. Global Privacy Office
6001 Bollinger Canyon Rd.
San Ramon, CA 94583
Changes to this Privacy Statement
Chevron may occasionally update this privacy statement. When we do, we will revise the "effective" date at the top of the privacy statement. You should revisit this page periodically to become aware of the most recent privacy terms; your use of the Program website and/or App after such changes have been posted constitutes your agreement to such changes.