Pumped Up Rewards Terms and Conditions

Effective Date: NOVEMBER 30, 2020. The following supersedes all prior Terms & Conditions. By participating or continuing to participate after the effective date, you agree to the following:

General

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 assets 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 Pumped Up Rewards (“Pumped Up Rewards”) 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 an 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 Pumped Up Rewards 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.

Joining Pumped Up Rewards

To join Pumped Up Rewards, create an account online here, or through Pump & Pantry’s mobile app, follow the application instructions and provide the information requested, or you can find Pumped Up Rewards cards at participating Pump & Pantry (“P&P”) locations.  A list of these locations can be found at http://www.pumpandpantry.com/locations.  After obtaining a Pumped Up Rewards card from a location, you must register online or through the app before you can enjoy any Pumped Up Rewards 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 Pumped Up Rewards Benefits.

Each Pumped Up Rewards “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 creating a Pumped Up Rewards account, you are automatically enrolled in the Program until your account is canceled, or as otherwise set forth in this Agreement. You cannot join or participate in Pumped Up Rewards without creating a Pumped Up Rewards account, and you cannot cancel or opt-out of Pumped Up Rewards without canceling your account.

There is no fee to join or participate in the Program. Each individual is only allowed one Program account that is personal to the individual, and they are prohibited from using another account holder or participant’s Program points or redemptions without their consent.

Earning Pumped Up Rewards Points

Program members are eligible to earn points as follows, subject to the terms set forth in this Agreement and as amended from time-to-time:

• Merchandise: 10 points for every full $1 actually spent on eligible/qualifying items purchased at participating Pump & Pantry stores; or

• Fuel: 5 points for every full gallon of fuel purchased. Fuel purchases do not earn points for dollars spent.

Exclusions. The following items are not eligible to earn Pumped Up Rewards points: lottery, lotto, and skill-touch games; financial cards/products including but not limited to money orders, gift cards, reloadable/prepaid cards, phone cards; applicable taxes and fees; hi-flow diesel and DEF; any discounted fuel product. These exclusions are subject to change at Pump & Pantry’s discretion.

If you make a purchase with or using, any loyalty, rewards, or related program other than Pumped Up Rewards, no points will be earned for that purchase or transaction. Also, if you make a fuel purchase using your Pumped Up Rewards fuel discount, no points will be earned for that transaction.

To earn points, a minimum qualifying purchase of $1 of merchandise (before tax), or one gallon of fuel, is required per transaction. Points are earned for partial dollars spent and partial gallons purchased and are rounded to the nearest hundredth point based on the bankers’ rounding rule (for example, a qualifying fuel purchase of 2.645 gallons earns 13.23 points, not 13.225 points). Individual transactions cannot be combined. Amounts spent on sales tax, other taxes, tips, donations, activation fees, service charges, and related costs do not earn points, and points are earned on the final amount spent on an individual transaction, excluding these costs, after discounts, coupons or other promotions are applied.

In order for points to be credited to your Program account balance, you must do the following, or no points will be earned or credited (and points will not be retroactively awarded if you fail or forget to do so for a transaction):

• In-Store: For in-store purchases, enter your phone number associated with your Pumped Up Rewards account when prompted on the pin-pad or provide it to the cashier, or, swipe your Pumped Up Rewards card when prompted on the pin-pad, or, scan the Pumped Up Rewards bar code as it appears in the Pumped Up Rewards App on your mobile device.

• At the Pump: If purchasing fuel at the pump, enter your phone number associated with your Pumped Up Rewards account when prompted on the fuel dispenser, or, swipe your Pumped Up Rewards card when prompted on the fuel dispenser.

Although points should be credited to your Program account promptly after the transaction is complete, it is possible there may be some delay for the points to appear and be available for redemption.

Earning Pumped Up Rewards Double Debit Points

Program members who sign up for the Pumped Up Rewards Double Debit program AND pay with their Pumped Up Rewards card that is tied to their personal checking account are eligible to earn points as follows, subject to the terms set forth in this Agreement and as amended from time-to-time:

• Merchandise: 20 points for every full $1 actually spent on eligible/qualifying items purchased at participating Pump & Pantry stores; or

• Fuel: 10 points for every full gallon of fuel purchased. Fuel purchases do not earn points for dollars spent.

Exclusions. The following items are not eligible to earn Pumped Up Rewards points: lottery, lotto, and skill-touch games; financial cards/products including but not limited to money orders, gift cards, reloadable/prepaid cards, phone cards; applicable taxes and fees; hi-flow diesel and DEF; any discounted fuel product. These exclusions are subject to change at Pump & Pantry’s discretion.

If you make a purchase with, or using, any loyalty, rewards, or related program other than Pumped Up Rewards Double Debit, no points will be earned for that purchase or transaction. Also, if you make a fuel purchase using your Pumped Up Rewards fuel discount, no points will be earned for that transaction.

To earn points, a minimum qualifying purchase of $1 of merchandise (before tax), or one gallon of fuel, is required per transaction. Points are earned for partial dollars spent and partial gallons purchased and are rounded to the nearest hundredth point based on the bankers’ rounding rule (for example, a qualifying fuel purchase (with Pumped Up Rewards Double Debit) of 12.235 gallons earns 122.35 points). Individual transactions cannot be combined. Amounts spent on sales tax, other taxes, tips, donations, activation fees, service charges, and related costs do not earn points, and points are earned on the final amount spent on an individual transaction, excluding these costs, after discounts, coupons or other promotions are applied.

In order for points to be credited to your Program account balance, you must first register your Pumped Up Rewards card in the Double Debit program at https://pumpandpantry.poweredbyzipline.com/. Once your card has been registered, you must do the following, or no points will be earned or credited (and points will not be retroactively awarded if you fail or forget to do so for a transaction):

• In-Store: For in-store purchases, enter your phone number associated with your Pumped Up Rewards account when prompted on the pin-pad or provide it to the cashier, or, swipe your Pumped Up Rewards card when prompted on the pin-pad, or, scan the Pumped Up Rewards bar code as it appears in the Pumped Up Rewards App on your mobile device. Then, at the time of payment, choose debit and swipe your Pumped Up Rewards Double Debit card when prompted on the pin-pad.

• At the Pump: If purchasing fuel at the pump, enter your phone number associated with your Pumped Up Rewards account, or, swipe your Pumped Up Rewards card when prompted on the fuel dispenser. Then, choose debit as your payment option and swipe your Pumped Up Rewards Double Debit card when prompted.

Although points should be credited to your Program account promptly after the transaction is complete, it is possible there may be some delay for the points to appear and be available for redemption.

Expiration of Pumped Up Rewards Points/Redemptions/Discounts

Except as otherwise set forth herein, points that you earn are not lost or forfeited until they are activated and the applicable time for non-use has passed, you have no Pumped Up Rewards activity for one year, or your Pumped Up Rewards account is canceled or terminated.

After you have activated points for fuel discounts, you have 30 days from the activation date to redeem them, or they will expire and be lost/forfeited.

Redeeming Pumped Up Rewards Points

Activating AND USING Pumped Up Rewards Points. In order to use your Pumped Up Rewards points, they must be first “activated” and converted into a “cents off per gallon” discount balance. Available points may be activated in multiples of 200 points, with a maximum of 2,000 points for each activation, for one of the following options:

• Fuel Discount: Redeem 200 points for a $0.01/gallon fuel discount, with each additional 200 points representing an additional $0.01/gallon discount (for example, if you redeem 600 points, you will receive a $0.03/gallon fuel discount). When used, fuel discounts will apply to a maximum of 25 gallons per transaction only, and points will not be earned on fuel transactions/gallons on which the usage is applied.

• Other: Pump & Pantry may also offer special promotions or other offerings in which points can be redeemed at different rates, or for different discounts than set forth above, all at Pump & Pantry’s sole discretion.

After you activate your points, the applicable rewards balance will appear in your account until they are used or they expire. Pumped Up Rewards points fuel discounts are valid for a single use and must be redeemed within 30 days of activation, or those applicable discounts expire and can no longer be used.

After you make an activation election, you may not reelect or choose a different method, or exchange the points, for a different reward.

In order to use your available activated rewards, you must do the following:

• In-Store: For in-store purchases, enter your phone number associated with your Pumped Up Rewards account when prompted on the pin-pad or provide it to the cashier, or, swipe your Pumped Up Rewards card on the pin-pad, or, allow the cashier to scan the Pumped Up Rewards bar code as it appears in the app on your mobile device. You can then decide if you would like to use your fuel discount or save it for a later date.

• At the Pump: If purchasing fuel at the pump, enter your phone number associated with your Pumped Up Rewards account when prompted on the fuel dispenser and decide whether to apply your applicable fuel discount or save it for a later date.

If using fuel discounts, you cannot select the amount of the applicable discount, as your entire fuel discount balance will be applied to a transaction unless your redeemed rewards exceed the price per gallon of fuel (for example, if you have a $1.00/gallon balance of fuel discounts, and fuel is $2.50/gallon, the entire $1.00/gallon will be applied to the transaction; if you have a $3.00/gallon balance, and fuel is $2.50/gallon, $2.49/gallon will be applied and you will have $0.51/gallon remaining in your balance until it is used or expires). Fuel discounts can be used for 25 gallons maximum per transaction (if you pump less than 25 gallons, the remaining discount will not remain, and will be lost), the pump cannot “rollback” to less than $0.01/gallon, and you do not receive points for transactions/gallons on which a fuel discount applies.

Points and redemption balances are promotional only and cannot be redeemed for cash. You acknowledge that Pump & Pantry has no liability to you for failure to redeem points, use your rewards, or if your points or redemptions otherwise expire or are lost for any reason.

Qualifying for Pumped Up Rewards Membership Tiers

Earning Tier Status

Pumped Up Rewards members can qualify and maintain tier status based on monthly visits. A month is considered to be the 1^st day of each calendar month through the last day of the same calendar month. A visit is defined as any qualifying purchase of more than $1 of merchandise (before tax) or one gallon of fuel.

Pumped Up Rewards members must re-qualify for Pumped Up Rewards tier status each month. Pumped Up Rewards members achieve tier status benefits for the following month, once tier status has been earned from the preceding month.

Pumped Up Rewards points do not count toward tier qualification.

Exclusions. The following items are not eligible purchases to qualify as a Pumped Up Rewards visit: lottery, lotto and skill-touch games; financial cards/products including but not limited to money orders, gift cards, reloadable/prepaid cards, phone cards; applicable taxes and fees; hi-flow diesel and DEF; any discounted fuel product. These exclusions are subject to change at Pump & Pantry’s discretion.

Moving to a Higher Pumped Up Rewards Tier

Pumped Up Rewards members earn a higher tier status when their monthly visits qualify for the next tier, as set forth in more detail below.

Maintaining your Pumped Up Rewards Tier

Once the Pumped Up Rewards member has reached the criteria for each Pumped Up Rewards tier, the Pumped Up Rewards member may regain such status for the following month in which the tier was earned if each member reaches the monthly visit requirements, as set forth in more detail below.

Amped Membership Tier

Pumped Up Rewards Amped membership tier will be awarded to members who earn 5-9 visits each month. Amped members will receive 5¢ off each gallon of gasoline, up to 25 gallons on each fill, good for four (4) transactions per calendar month. You can redeem your fuel rewards beginning on the first day of the next calendar month on which they were earned.

Pumped Membership Tier

Pumped Up Rewards Pumped membership tier will be awarded to members who earn 10-14 visits each month. Pumped members will receive 10¢ off each gallon of gasoline, up to 25 gallons on each fill, good for four (4) transactions per calendar month. You can redeem your fuel rewards beginning on the first day of the next calendar month on which they were earned.

Jacked Membership Tier

Pumped Up Rewards Jacked membership tier will be awarded to members who earn 15 or more visits each month. Jacked members will receive 15¢ off each gallon of gasoline, up to 25 gallons on each fill, good for four (4) transactions per calendar month. You can redeem your fuel rewards beginning on the first day of the next calendar month on which they were earned.

Redeeming Pumped Up Rewards Tiered Discounts

Redeeming AND USING Pumped Up Rewards Tiered Fuel Discount. In order to use your available tiered fuel discount, you must do the following:

• In-Store: For in-store purchases, enter your phone number associated with your Pumped Up Rewards account when prompted on the pin-pad or provide it to the cashier, or, swipe your Pumped Up Rewards card on the pin-pad, or, allow the cashier to scan the Pumped Up Rewards bar code as it appears in the app on your mobile device. You can then decide if you would like to use your fuel discount or save it for a later date.

• At the Pump: If purchasing fuel at the pump, enter your phone number associated with your Pumped Up Rewards, or, swipe your Pumped Up Rewards account when prompted on the fuel dispenser and decide whether to apply your applicable fuel discount or save it for a later date.

Pumped Up Rewards tiered fuel discounts are promotional only and cannot be redeemed for cash. You acknowledge that Pump & Pantry has no liability to you for failure to redeem points, use your rewards, or if your points or redemptions otherwise expire or are lost for any reason.

Acceptance of Terms

By participating in the Pumped Up Rewards 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 Pumped Up Rewards 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 Pumped Up Rewards, you hereby consent to BAS and its Affiliates collection and use of your information in connections with the Pumped Up Rewards program.  You also consent that BAS, in its sole discretion, will resolve any and all questions/disputes regarding the Pumped Up Rewards program, including but not limited to eligibility, benefits and rewards.  Pumped Up Rewards Benefits may not be transferred, purchased, sold, or bartered.

Membership

Any BAS, including its Affiliates, customer, 13 years of age and older, may participate in the Pumped Up Rewards 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 Pumped Up Rewards program cannot be transferred from one Member to another.

Notice to Parents and Guardians

By allowing your child to access the Pumped Up Rewards website, you agree to the TACS.  If your child (or a minor who you are responsible for) is using the Pumped Up Rewards 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 Pumped Up Rewards 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 Pumped Up Rewards program will be posted on the website and at participating locations.  Sweepstakes entries may be voided if the Pumped Up Rewards Member membership information is incorrect or false.  Pumped Up Rewards 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 Pumped Up Rewards program is a privilege and is not an entitlement program.

Lost or Stolen Cards

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 Pumped Up Rewards card.  When transferring to a new Pumped Up Rewards card as a result of a lost or stolen Pumped Up Rewards 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 Pumped Up Rewards 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.

Severability

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.

Disclaimer

BAS provides Pumped Up Rewards, 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 Pumped Up Rewards program, including but not limited to technical inaccuracies and typographical errors, (b) the unavailability of this Pumped Up Rewards program or any portion thereof, and (c) your use of this Pumped Up Rewards 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 Pumped Up Rewards program or any such other products or services, even if BAS has been advised of the possibility of such damages.

Waiver

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 Pumped Up Rewards 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 Pumped Up Rewards Benefits.

If BAS or its Affiliates improperly deny a member Pumped Up Rewards 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 Pumped Up Rewards 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 Pumped Up Rewards 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 Pumped Up Rewards program, including but not limited to technical inaccuracies and typographical errors, (b) the unavailability of the Pumped Up Rewards program or any portion thereof, and (c) your use of the Pumped Up Rewards 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 Pumped Up Rewards 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 Pumped Up Rewards 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 Pumped Up Rewards 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 Pumped Up Rewards 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.

Subscribers can opt-in for SMS messages from Pump & Pantry as a part of the loyalty registration process at pumpeduprewards/registration-options. User will opt-in to receive marketing and promotional messages for Pump & Pantry loyalty program. Messages may pertain to promotional programs, new menu items, etc. Messages for this program will be sent from 1-308-244-1807 and begin with “Pump&Pantry”. Message frequency may vary. Message and data rates may apply. Subscribers can text HELP to 1-308-244-1807 for help, or contact Bosselman’s Pump & Pantry at pumpeduprewards/customer-support, marketing@pumpandpantry.com, or (855) 395-3883.

Please note, the Pumped Up Rewards 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 Pumped Up Rewards program will be void where prohibited.