Perks Card Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE AND/OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These Terms and Conditions (“TACS”) apply to your access to, and use of, all or part of any website, mobile application, online service or other digital asset of Bosselman Administrative Services Inc. (“BAS”). These TACS do not alter in any way the terms or conditions of any other agreement you may have with BAS for products, services, or otherwise. If you are using the Pump & Pantry Perks (“Perks”) site on behalf of any entity, you represent and warrant that you are authorized to accept these TACS on such entity's behalf, and that such entity agrees to indemnify BAS for violations of these TACS. These TACS contain disclaimers and other provisions that limit our liability to you.
In the event there is any conflict or inconsistency between these TACS and any other TACS that appear on the BAS websites, these TACS will govern. However, if you navigate away from the BAS websites to a third party site, you may be subject to alternative TACS of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site. While we make reasonable efforts to provide accurate and timely information about BAS on the websites, you should not assume that the information is always up to date or that the websites contain all the relevant information available about BAS.
BAS reserves the right to change or modify these TACS or any policy or guideline of our websites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the websites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the BAS websites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these TACS and applicable policies to understand the terms and conditions that apply to your use of our websites. If you do not agree to the amended terms, you must not use the Perks site.
Pump & Pantry “P&P” is an Affiliate of BAS and the TACS are applicable to P&P as an Affiliate of BAS. P&P locations and its Affiliates provide all information on this program under the Terms and Conditions and all applicable laws.
The Perks program is a free membership program where members can join clubs, earn and obtain certain discounts and deals, participate in contests and sweepstakes as well as gain access to future program offerings (“Benefits”) when they use their Perks card at participating locations.
Perks cards are available at participating Pump & Pantry (“P&P”) locations. A list of these locations can be found at www.pumpandpantry.com/perks. After obtaining a Perks card from a location, you must go online and register before you can enjoy any Perks benefits. You must use a valid name, street address or P.O. Box, apartment number (when applicable), city, state, ZIP code, and telephone number (including area code). Providing false or incorrect information may result in termination of your account and forfeiture of all existing Perks Benefits.
Each Perks “Member” will be allowed one card per individual. In the case of a lost or stolen card, Members will be able to pick up another card at a participating P&P location
By participating in the Perks program, you agree to abide by these TACS. These TACS may include changes or discontinuation of program Benefits. BAS reserves the right to reduce or eliminate Perks Member Benefits in its sole discretion for any reason determined by BAS. BAS and its Affiliates reserve the right to change, limit, modify, decrease or cancel benefits at any time without notice. You agree to hold BAS harmless and waive any damages or claims against BAS which are associated with any change, limit, modify, decrease or cancellation of Benefits.
By registering in the Perks, you hereby consent to BAS and its Affiliates collection and use of your information in connections with the Perks program. You also consent that BAS, in its sole discretion, will resolve any and all questions/disputes regarding the Perks program, including but not limited to eligibility, benefits and rewards. Perks Benefits may not be transferred, purchased, sold, or bartered.
Any BAS, including its Affiliates, customer, 13 years of age and older, may participate in the Perks program. If you are between the ages of 13 and 19, you may only use this website under the supervision of a parent or legal guardian who agrees to be bound by these TACS. Any benefits gained through the Perks program cannot be transferred from one Member to another.
Notice to Parents and Guardians
By allowing your child to access the Perks website, you agree to the TACS. If your child (or a minor who you are responsible for) is using the Perks program under the age of 13, or is using it without your permission, please contact customer support at 855-395-3883 so that we can disable his or her access to the Perks program.
Sweepstakes and Contests
Only Members 19 years of age and older, may be eligible for sweepstakes and contests. However, employees and immediate family of employees of BAS and its Affiliates may not quality for sweepstakes and contests. A separate set of rules for any sweepstakes associated with the Perks program will be posted on the website and at participating locations. Sweepstakes entries may be voided if the Perks Member membership information is incorrect or false. Perks Members are responsible for making sure that their information is correct.
BAS reserves the right to determine eligibility for membership, and the right to terminate your membership at any time, with or without reason. The Perks program is a privilege and is not an entitlement program.
In order to qualify for and Perks Benefits, you must be a Perks Member, and have a valid, registered Perks card number.
Vendor partners of BAS may periodically offer Perks Members the opportunity to gain additional Benefits on their account when making purchases of specified goods or services during promotional time periods at participating locations. The vendor partner will specify the special offer for qualifying purchases at the P&P locations. The individual purchase requirements will be posted through other promotional materials such as e-newsletters, text messages, the Perks website, etc., as well as at the participating P&P locations.
Benefits can be redeemed by presenting the Perks card or providing the Member’s phone number at the register. BAS is not responsible for any lost or stolen cards.
You are responsible for any applicable fees, charges and taxes on the receipt of all applicable purchases made when using the Perks card, or during the redemption of any Perks Benefits. Perks Benefits are not redeemable for cash. Refunds will not be given on items purchased while using a Perks card that are included in a Perks Member club.
Benefits are subject to availability and subject to change, with or without notice and for any reason, at our sole discretion. BAS is not responsible, and assumes no liability, for changes or discontinuances of rewards or the availability of such rewards. BAS will follow all state and federal laws.
Club Expiration / Lost or Stolen Cards
If a Member’s card remains inactive for period of ninety (90) days, where permitted by law, the Member will lose all club accruals. Once a Member chooses to join a Perks club and begins making qualifying purchases of items within that respective club, they will receive credit for each item purchased. Each concurrent item purchased within that club will be added to the Member’s club balance until the club purchase requirements are satisfied. After a club’s purchase requirement is fulfilled, the Member’s respective club balance will be reset. Perks Member’s qualifying club item purchases will be
If your card is lost or stolen, please immediately contact customer service at 1-855-395-3883. Please note that for security reasons, BAS customer service is not permitted to provide account numbers over the phone. Lost or stolen cards will be de-activated and all benefits on the lost or stolen card at the time the report is made to BAS customer service will be credited to a new Perks card. When transferring to a new Perks card as a result of a lost or stolen Perks card, you will be required to verify certain account information. A transfer of benefits will not occur unless proof of identity is confirmed. BAS reserves the right to charge a fee for replacing Member cards.
Third Party Content and Third Party Links
BSA may provide third party content on the Perks website and links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that BAS is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.
Advertisements and Promotions; Third-Party Products and Services
BAS may display advertisements and promotions from third parties on the portal or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. BAS is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-BAS advertisers or third party information on the portal.
If any provision of these TACS is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
BAS provides Perks, its materials, and other services and products "As Is, Where Is and With All Faults". BAS, to the fullest extent permitted by applicable law, disclaims any representation or warranties of any kind, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. BAS disclaims and you agree to waive and hold BAS harmless from all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Perks program, including but not limited to technical inaccuracies and typographical errors, (b) the unavailability of this Perks program or any portion thereof, and (c) your use of this Perks program. Under no circumstances will BAS be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use and membership of the Perks program or any such other products or services, even if BAS has been advised of the possibility of such damages.
Any waiver by BAS of the provisions of these TACS or remedies under the terms herein must be in writing to be effective. Failure or delay by BAS to enforce the provisions of these TACS or its rights or remedies hereunder at any time will not be construed and will not be deemed to be a waiver of its rights under these TACS and will not in any way affect the validity of the whole or any part of these TACS or prejudice BAC right to take subsequent action.
ADDITIONAL TERMS AND CONDITIONS
This Perks program and your participation herein are subject to all applicable laws and regulations. Benefits may be subject to income or other taxes. Such taxes and all disclosures related thereto are your sole responsibility. BAS shall not be responsible for correspondence lost or delayed or unpaid taxes, fees, fines or penalties. BAS is not responsible for, and reserves the right to correct any pricing or typographical errors, errors of description, or errors regarding offers or Perks Benefits.
If BAS or its Affiliates improperly deny a member Perks Benefits, your exclusive remedy shall be the issuance of the improperly denied credit, award or benefit if available, or such other comparable alternative, determined in the sole discretion of BAS
BAS reserves the right to correct any Perks Benefits granted in error. BAS is not responsible for late, lost, incomplete, or misdirected entry information or communications; computer system, phone line, electronic equipment, computer hardware, software or malfunctions, or other errors; failures or delays in computer transmissions or network connections; or for any other technical problems. BAS is not responsible for incorrect or inaccurate entry information, whether caused by members or by any of the equipment or associated with or utilized in the reward, or by any technical or human error which may occur in the processing of Perks Benefits and account information.
BAS disclaims and you agree to waive and hold BAS and its Affiliates harmless from all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from the Perks program, including but not limited to technical inaccuracies and typographical errors, (b) the unavailability of the Perks program or any portion thereof, and (c) your use of the Perks program. Under no circumstances will BAS be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use and membership of the Perks program or any such other products or services, even if BAS has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless BAS from and against any and all liabilities, costs, damages and expenses, including reasonable attorneys’ fees, resulting from your actions hereunder, including, but not limited to, the following: (i) breach of any provision in this Agreement; or (ii) unauthorized or illegal acts. EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). BAS shall have control of any litigation or settlement negotiation arising out of the terms and conditions or the subject matter thereof.
The Perks program is governed by the laws of the United States and the State of Nebraska, without respect to conflict of law doctrines. As a condition of participating, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Perks program, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Grand Island, Hall County, NE. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, and you further waive all rights to have damages multiplied or increased.
Any communication or other information sent to BAS via electronic mail or otherwise in connection with your use of this Perks program, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by BAS for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to BAS. Provided however; any personal information, such as social security numbers, driver’s license, or date of birth will be treated as confidential and not sold to any third party. BAS does reserve the right to use a customer’s information for its own or its vendor’s marketing purposes.
Please note, the Perks program may contain references or cross references to BAS products and services that are not available in every state, country or even to every person. In such an event, the Perks program will be void where prohibited.
As used herein, the following terms shall mean:
BAS – Bosselman Administrative Services, Inc.
Perks – Pump & Pantry Perks program and all of its components
Perks Member – P&P customer who has acquired a Perks card and provided the required information in order to register their card and begin enjoying the program’s benefits.
P&P – Participating Pump & Pantry convenience stores
You – Any interested party that may or may not be a Perks Member who is accessing the Terms & Conditions document
Vendor Partners – BAS’s suppliers and corporate sponsors who have entered into an agreement with BAS to offer a benefit to Perks Members as agreed upon in the partnership agreement.
Affiliates – Subsidiary, parent, sister or other commonly owned company of BAS, including in each instance all employees, directors, officers and representatives.