Effective Date: February 17, 2023
To download and/or print these SmartPay Rewards℠ Terms and Conditions (“Rewards Program Terms”), click here.
Please read these Rewards Program Terms carefully before using the payment, reward, discount, loyalty programs or any related services and promotions, either on or offline or through a mobile application offered by EG America, LLC or its Affiliates (collectively, “Company”, “we”, or “us” or “our”) where a link to these Rewards Program Terms is posted (the “Rewards Program”).
These Rewards Program Terms affect your legal rights and obligations and govern your use of the Rewards Program, are legally binding, limit our liability to you and require you to indemnify us and to settle certain disputes through individual arbitration.
YOUR ACCESS TO AND USE OF THE REWARDS PROGRAM IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE REWARDS PROGRAM TERMS. IF YOU DO NOT AGREE TO THE AFORMENTIONED TERMS, DO NOT ACCESS OR USE THE REWARDS PROGRAM AND UNINSTALL THE SMARTPAY REWARDS APP.
We have summarized some (but not all) of the main topics of these Rewards Program Terms below. The complete provisions, and not the headings or summaries govern.
1.1 Modifications and Updates to the Rewards Program
Company reserves the right, in its sole discretion, to modify or discontinue offering the Rewards Program, in whole or in part, or any features, functionality, tools or Content, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of any Content or use of any Rewards Program service at our sole discretion at any time without prior notice to you.
We may from time to time develop and provide updates for the App, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or Content (collectively, “Updates”). Updates may also modify or delete features, functionality, tools or Content in their entirety. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. Please promptly download and install all Updates. If you do not, portions of the App may not properly operate. All Updates will be deemed part of the App and be subject to these Rewards Program Terms.
You agree that Company has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or Content, and will not be liable with respect to any such modifications, discontinuance or deletions.
1.2 International Use
The Rewards Program is controlled and operated within the United States and is not intended for use outside of the United States. You are hereby prohibited from accessing or using the Rewards Program from any territory where the Rewards Program or any of its features, functionality, tools, or Content, is illegal.
1.3 Credit Checks
In order to use SmartPay Rewards, Members must pass a personal credit check conducted by the National Payment Card Association d/b/a Zipline, in accordance with their terms and conditions available here.
2.1 Account Registration
You may register to create an Account directly via the App or our SmartPay website. You may not register for an Account on behalf of any other person.
Your Account and Account profile page will be created based upon the information you provide to us. You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date.
When you create your Account, you will be asked to create a password or PIN, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords or PINs (passwords or PINs that use a combination of upper and lower case letters, numbers and symbols) with your Account. You agree not to disclose your password or PIN to any third party, and you agree to immediately notify us of any unauthorized use of your Account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your Account, including by individuals that you designate as secondary account holders to access and use your SmartPay Rewards account (“Linked Members”), whether or not you have authorized such activities or actions. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You may designate Linked Members at any time. Unlike Members, who must be eighteen (18) years of age or older, Linked Members must be sixteen (16) years of age or older at the time of registration. All activities conducted by Linked Members in connection with your Account shall be deemed your activity for the purpose of these Rewards Program Terms. While certain Linked Members may also be independent Members of the Rewards Program, all activities by Linked Members when acting as a secondary Account holder for your Account will be tied to your Account including, without limitation, access to any Rewards.
You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorized use of your Account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your Account or any Account rights.
3.1 Earning and Redeeming Rewards
The Rewards Program is a free customer loyalty program that allows participants (“Members”) to receive various types of rewards, including discounts on fuel and offers for certain products sold at our locations (collectively, “Reward(s)”). You may enroll in the Rewards Program at no cost by downloading our App here for IOS devices and here for Android devices or through the SmartPay Rewards website https://www.smartpayrewards.com/join.html
Rewards accrue when a Member’s unique Member number is provided at the time of purchase for both in-store Eligible Product Purchases; and when Members make a purchase using the SmartPay Rewards App. Under the Rewards Program, “Eligible Product Purchases” means purchases of certain products located at participating EG America locations such food, beverages, fuel, and age restricted products (such as tobacco and alcohol), subject to any exclusions and limitations applicable at the time of sale or as stated herein. Gift card purchases are excluded.
Rewards earned are subject to account usage limitations described here https://www.smartpayrewards.com/faqs.html
Rewards will typically post to Member’s Account within 48 hours from earning. No adjustments to Member’s Account will be made after 90 days from the actual purchase date. We make no representation that Rewards will post to a Member’s Account within a specific time frame or will be free from error.
Rewards calculations are based upon purchases completed as listed on the SmartPay Rewards and SmartPay Rewards website and are subject to change at any time.
Rewards have no cash value, are nontransferable, cannot be encumbered or conveyed by any means to anyone, and can only be redeemed as specifically permitted in connection with certain promotions. Rewards may not be combined among Members and may not transfer through a Member’s estate and may not pass to Members’ successors and assigns. Rewards do not constitute property or a property interest of the Member, and a Member does not have any other interest or right to them (including, without limitation, no community property interests apply to a spouse’s Rewards and they are not descendible upon death).
Members are solely responsible for ensuring that the contact information listed in their Account is accurate and valid. The Company is not responsible for Rewards lost or not credited, due to communication issues including change of address or other contact information or technical issues or malfunctions. If the Rewards Program is terminated or the Member’s Account is closed, any Rewards will be forfeited. Rewards are for one-time use only, and all redemptions are final. In the event that a Member returns products that were partially or wholly paid for with a Reward, the Reward used in connection with such a purchase shall not be reissued and no Reward shall be reissued to such Member’s Account. In these cases, the Member forfeits the Reward.
Rewards are not redeemable for cash. Members may be notified of additional ineligible products and services. Other restrictions may apply. Lost, stolen, or expired Rewards will not be replaced. Redemption values and offers may be changed at any time without notice.
3.2 Member Communications
You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails, the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your Account or use of our Rewards Program, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
(b) Text Messages
You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. Such consent is not required to purchase any product or service aside from the text subscription itself. For each subscription, text “HELP” for help and text “STOP” to terminate (i.e., opt-out) of that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. You understand that we will send mobile text messages using automated technology. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. You may contact us regarding text communications: EG America, LLC, 165 Flanders Road, Westborough, MA 01581, or email: firstname.lastname@example.org.
(c) Our Content
We try to keep our Content current and accurate, but fuel prices, menus and other Content on the App and our website are not guaranteed, and not all menu items, pricing and offers are available in all of our locations. Actual availability and pricing will be determined at each applicable Company location.
As noted in Section 3.2 (Member Communications), you need not consent to receive commercial emails or texts to qualify for Rewards Program membership or benefits. For purposes of certainty, Rewards Program membership or benefits are not conditioned on any exercise or non-exercise of applicable privacy rights; provided, however, that if you elect to delete your personal information that is associated with your Account, we may be unable to provide your Rewards Program services or benefits.
3.4 Cancellation and Termination
You may cancel your membership in the Rewards Program at any time by contacting us through [the App, the SmartPay Rewards website or by calling 1-800-225-9702. You may uninstall the App at any time. Uninstalling the App an extended period of not using the SmartPay Rewards App, or SmartPay Rewards website for Qualifying Purchases may result in the cancelation of your Rewards Program membership (or just your accrued Rewards, in our discretion), in which case you will forfeit all remaining Rewards.
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Account and/or take technical and legal steps to prevent you from using the Rewards Program at any time for any reason. We reserve the right to suspend or terminate your Account or your access to the Rewards Program if you create more than one Account, or if any information provided during the registration process or thereafter or your use of the Rewards Program is determined to be incomplete, inaccurate, out dated, deceptive or fraudulent.
In addition, we may not issue you any Reward(s), and you will forfeit all existing Rewards, if we (a) terminate your Account because of conduct that we determine, in our discretion, violates these Rewards Program Terms or any applicable law, involves fraud or misuse of Rewards Program membership, or is harmful to our interests or another customer; or (b) terminate the Rewards Program in whole or in part, at our discretion. We also reserve the right to deny future membership if we deem your conduct to have violated these Rewards Program Terms.
Any Rewards in your Account will be forfeited at the time of cancellation or suspension. Our failure to insist upon or enforce your strict compliance with these Rewards Program Terms will not constitute a waiver of any of our rights.
We reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a prolonged period of time.
3.5 Updates to Rewards Program Terms
These Rewards Program Terms shall govern the Rewards Program as it applies to you from time-to-time. AS OUR REWARDS PROGRAM EVOLVES, THESE REWARDS PROGRAM TERMS MAY BE MODIFIED IN WHOLE OR IN PART. YOU UNDERSTAND AND AGREE THAT EACH TIME YOU SIGN IN TO YOUR ACCOUNT, OR OTHERWISE USE THE REWARDS PROGRAM (E.G., REDEEMING REWARDS), YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE REWARDS PROGRAM TERMS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW OR MODIFIED TERMS BY POSTING THEM ON THE APP (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR CONTINUED REWARDS PROGRAM MEMBERSHIP AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW OR MODIFIED TERMS. Therefore, you should review the posted Rewards Program Terms each time you use the Rewards Program. Any new Rewards Program Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Rewards Program Terms that applied when you previously transacted will continue to apply to such prior transactions (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. In the event any tribunal finds any changed terms to be invalid, unenforceable or illegal, such will be severed to the extent necessary for the remainder to be valid and enforceable. You should frequently check the App and the e-mail associated with your Account, for notices, both of which you agree are reasonable manners of providing you notice. You can reject any new, revised, or additional terms by terminating your Rewards Program membership as set forth in Section 3.4. Continued membership and use of the App constitutes acceptance of such terms.
4.1 Payment Accounts
YOU ARE RESPONSIBLE FOR PROVIDING US WITH VALID PAYMENT METHOD DETAILS. Please note that the payment information, including name and contact information, that you submit when you register for an Account will be used and shared with our payment processing service provider and otherwise used in accordance with our Privacy Notice.
If you wish to designate a different payment method, or if there is a change in your designated payment method status, you must change your information in your Account. This may temporarily disrupt your access to your Account while we verify your new payment information.
4.2 Transaction Disputes
If you would like to dispute any transactions made in store or at the pump, please contact customer service by emailing email@example.com.
4.3 Third Party Charges and Mobile Alerts
You are solely responsible for any fees or charges incurred to access the App through an internet access provider or other third party, including without limitation data charges incurred if you are not connected to WiFi access, charges to receive SMS messages or other mobile access, which may be billed to you or deducted from your prepaid balance by your mobile provider. You agree that we are not liable in any way for any third party charges.
The Rewards Program may also provide links to third party websites, resources or services including, without limitation, the National Payment Card Association d/b/a Zipline. You acknowledge and agree that the Company is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by the Company of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.
Portions of the Rewards Program may be integrated into or linked to third party sites, platforms and applications that we do not control. Similarly, we may make third party ads and other third party services, which we also may not control, available to you on or via our Rewards Program. This may include the ability to register or sign in to our Rewards Program using Facebook Connect or other third party tools, and to post content on third party services using their plug-ins made available on our Rewards Program.
If you are accessing or using the Rewards Program through Apple, Android, or any other platform, these are third party services. If you access our App via Apple, see below for supplemental terms and conditions that are applicable to you and are incorporated into the Rewards Program Terms by this reference.
7. Contact Us
If you have any questions or concerns, please contact Company at firstname.lastname@example.org.
You can also write to us at:
EG America, LLC
165 Flanders Road
Westborough, MA 01581
You can also call us at:
Copyright ©2023 EG America. All rights reserved.