Terms and Conditions

Maverik Adventure Club Card Rewards Program
Adventure Club Card and Adventure Club Nitro Card
Loyalty Reward and Fuel Discount Terms and Conditions

This document describes the Maverik Adventure Club Rewards Program (“Program”) for the Adventure Club Card (“Club Card”) and Adventure Club Nitro Card (“Nitro Card”) Loyalty Reward and Fuel Discount Terms and Conditions. The Program may be modified, revised or terminated by Maverik, Inc. (“Maverik”) at any time with or without notice and is subject to: (i) the general provisions attached hereto as Exhibit A; and (ii) applicable governmental requirements.

Club Card Fuel Purchase Discount

By swiping the Club Card and/or presenting the Club Card in the Maverik store (“Store”) for fuel purchases cardholders may receive up to two cents ($0.02) discount from the posted retail pump price for the purchase of each gallon of diesel fuel or gasoline.

Program Rewards

The Program provides certain loyalty reward points (referred to as “Trail Points” or “Points”) for fuel purchases and merchandise purchased at a Store when the Club Card is properly presented upon payment at the pump or in the Store. Trail Points may be used for Program offerings, including but not limited to, the option to redeem Points to enter sweepstakes, purchase items available on the reward program website, donate to qualified charitable organizations, or transfer points to another Club Card or Nitro Card holder. In addition, certain qualifying purchases may earn Punch-it! Rewards that can be redeemed after the necessary total Punch-It! Rewards are obtained for merchandise at the Store.

Trail Points

Trail Points may be earned on fuel and merchandise purchases at the Store upon proper presentment of the Club Card or by entry at the Store point of sale system of an alternate identification number associated with your Club Card account.

  1. Trail Points for Fuel Purchases. One (1) Trail Point is earned for each gallon of fuel purchased. Partial Points may be earned for purchases below or above each gallon increment.

  2. Trail Points for in-Store Merchandise Purchases. One (1) Trail Point is earned for each dollar paid for purchase of eligible in-Store merchandise. Partial Trail Points may be earned for purchases of merchandise below and above each dollar increment.

  3. Exemptions. Trail Points may not be earned for purchases of certain in-Store merchandise, including G-cards, gift certificates, lottery, tobacco products, beer, alcoholic, phone cards, prepaid cards, stamps, money orders, billing or invoice payments, balance transfers or payments of balances on credit cards, and sales tax on any transaction or merchandise purchase, or as otherwise prohibited by law.

  4. Bonus Trail Points. Bonus Trail Points may be earned on certain days or for purchase of eligible promotional items.

  5. Triple Trail Points Tuesdays. Three (3) times the number of standard Trail Points may be earned on certain eligible in-Store merchandise purchases on Tuesdays.

  6. Trail Points Expiration. Each Trail Point automatically expires three hundred sixty five (365) days from the date the Trail Point was earned for the eligible fuel or in-Store merchandise purchase.

  7. Tracking Trail Points. Trail Points may be identified on the bottom of the receipts for fuel and in-Store purchases, at maverik.com Trail Points may be identified on the bottom of the receipts for fuel and in-Store purchases, at maverik.com or through the Maverik mobile application.

  8. Trail Point Limit. The limit on the maximum number of Trail Points that may be earned during any consecutive thirty (30) day period is 2500 points.

Punch-it! Rewards

Punch-it! Rewards provide one (1) Punch-it! punch for each eligible purchase of in-Store merchandise. Punch-it! Rewards are an electronic method of tracking eligible purchases (“Virtual Punch Card”) and function similar to a buy-10-get-one-free paper punch card or other applicable amount of eligible purchases. Punch-it! Rewards are tracked electronically and added to the cardholders Club Card account. For example, when a cardholder has obtained ten (10) Punch-it! punches they will earn a digital Punch-it! reward redeemable for the applicable in-Store merchandise (“Punch-it! Reward”).

  1. Selection of Virtual Punch Cards. Virtual Punch Cards for eligible in-Store merchandise must be selected and activated to obtain a Punch-It! punch and to earn a Punch-it! Reward through maverik.com or through the Maverik mobile application.

  2. Redemption of Virtual Punch Cards. Virtual Punch Cards with a Punch-it! Reward may be redeemed in the Store by presenting the Club Card at the register on the next purchase of the eligible in-Store merchandise after the Punch-it! Reward is earned.

  3. Expiration of Virtual Punch Cards. Punch-it! Rewards expire fifteen (15) days from the first date the Punch-it! Reward is earned.

Nitro Card Fuel Purchase Discount

By using your Nitro Card as the method of payment for fuel purchases in accordance to the terms and conditions of the Program you may receive the greater of: (a) up to six cents ($0.06) discount from the posted retail pump price for purchase of each gallon of diesel fuel or gallon of gasoline; or (b) up to the Competitive Price Match Program (“CPMP”) discount established by Maverik for the posted retail pump price for each gallon of diesel fuel or gallon of gasoline. Such fuel discounts are available only upon eligible use of the Nitro Card as the method of payment subject to the terms and conditions of the Nitro Card Program and are in lieu of and not additive to any fuel discounts available with the Club Card.

Description of Maverik's Competitive Price Match Program (“CPMP”)

Maverik's CPMP is based upon Maverik's proprietary methodology for identifying and tracking Qualifying Competitors (“QC”) for a particular Maverik Store. The CPMP is based in part on the actual gross retail fuel price of a QC verified by Maverik's methodology, excluding price reductions from cash discounts, rebates, loyalty rewards, or other discounts or incentives offered by the QC. The QCs are identified and included in the CPMG by Maverik on a case-by-case basis depending on several factors, including but not limited to, applicable local and area market conditions, QC locations and corresponding proximity to Store locations, timing of QC pricing, customer and other resource inputs, and applicable governmental laws. The CPMP may not include fuel retailers as QCs which are warehouse retailers, require membership fees or dues, or other charges necessary to make purchases at the particular retailer. Maverik reserves the right to restrict, terminate, change or modify the CPMP, its proprietary methodology, and to include or exclude fuel retailers as QCs in the CPMP in its sole and absolute discretion with or without prior notice.

Program Rewards

The Program provides certain loyalty reward points Trail Points for fuel purchases and merchandise purchased at a Store when the Nitro Card is used as the method of payment at the pump or in the Store. Trail Points may be used for Program offerings, including but not limited to, the option to redeem points to enter sweepstakes, purchase items available through the Adventure Club website, donate to qualified charitable organizations, or transfer points to another Club Card or Nitro Card holder. In addition, certain qualifying purchases may earn Punch-it! Rewards that can be redeemed after the necessary total Punch-It! Rewards are obtained for merchandise at the Store.

Trail Points

Trail Points may be earned on fuel and merchandise purchases at the Store upon proper presentment of the Nitro Card or Club Card level Trail Points may be earned by entry at the Store point of sale system of an alternate identification number associated with your Nitro Card account.

  1. Trail Points for Fuel Purchases. Two (2) Trail Points are earned for each gallon of fuel purchased. Partial Trail Points may be earned for purchases of fuel below or above each gallon increment.

  2. Trail Points for in-Store Merchandise Purchases. Two (2) Trail Points are earned for each dollar paid for purchase of eligible in-Store merchandise. Partial Points may be earned for purchases of merchandise below or above each dollar increment.

  3. Exemptions. Trail Points may not be earned for purchases of certain in-Store merchandise, including G-cards, gift certificates, lottery, tobacco products, beer, alcohol, phone cards, prepaid cards, stamps, money orders, billing or invoice payments, balance transfers or payments of balances on credit cards, and sales tax on any transaction or merchandise purchase, or as otherwise prohibited by law.

  4. Bonus Trail Points. Bonus Trail Points may be earned on certain days or for purchase of eligible promotional items.

  5. Triple Trail Points Tuesdays. Three (3) times the number of standard Trail Points may be earned on certain eligible in-Store merchandise purchases on Tuesdays.

  6. Trail Points Expiration. Each Trail Point automatically expires three hundred sixty five (365) days from the date the Trail Point was earned for the eligible fuel or in-Store merchandise purchase.

  7. Tracking Trail Points. Trail Points may be identified on the bottom of the receipts for fuel and in-Store purchases, at maverik.com Trail Points may be identified on the bottom of the receipts for fuel and in-Store purchases, at maverik.com or through the Maverik mobile application.

  8. Trail Point Limit. The limit on the maximum number of Trail Points that may be earned during any consecutive thirty (30) day period is 2500 points.

Punch-it! Rewards

Punch-it! Rewards provide one (1) Punch-it! Punch for each eligible purchase of in-Store merchandise. Punch-it! Rewards are an electronic method of tracking eligible purchases by the Virtual Punch Card and function similar to a buy-10-get-one-free paper punch card or other applicable amount of eligible purchases. Punch-it! Rewards are tracked electronically and added to your Nitro Card account. For example, when a cardholder has obtained ten (10) Punch-it! punches they will earn a digital Punch-it! Reward redeemable for the applicable in-Store merchandise.

  1. Selection of Virtual Punch Cards. Virtual Punch Cards for eligible in-Store merchandise must be selected and activated to obtain a Punch-It! punches and to earn a Punch-it! Reward through maverik.com or through the Maverik mobile application.

  2. Redemption of Virtual Punch Cards. Virtual Punch Cards with a Punch-it! Reward may be redeemed in the Store by presenting the Nitro Card at the register on the next purchase of the eligible in-Store merchandise after the Punch-it! Reward is earned.

  3. Expiration of Virtual Punch Cards. Punch-it! Rewards expire fifteen (15) days from the first date the Punch-it! Reward is earned.

Maverik Nitro Card Restrictions

The Nitro Card must be properly presented and used for payment of fuel or in-Store merchandise to obtain CPMP fuel discounts and other Nitro Card Trail Points and rewards.

EXHIBIT A [General Provisions]

By using either the Club Card or the Nitro Card, I authorize Maverik, and its subsidiaries and affiliates, (collectively “Maverik”) to exchange information about me and my account(s), so that I can receive the benefits of the Program, and so that Maverik can further inform me of additional information, offers and opportunities. In addition to the foregoing, I agree and acknowledge that my participation in the Program is subject to the following general terms and conditions (the “General Provisions”), all of which are incorporated into the Program by this reference:

  1. GENERAL. By enrolling in, or otherwise participating in, the Program, I acknowledge that I have read and understood the Program and these General Provisions and I agree to be bound by all terms and conditions contained in both the Program and these General Provisions (collectively, “Terms”). If at any time I do not agree with any of the Terms, I understand that I am entitled to un-enroll from the Program by calling Maverik's Customer Services at 800-789-4455 or by logging into my account and deactivating my card at maverik.com or through the Maverik mobile program application. These Terms constitute a legally binding agreement between myself and Maverik.

  2. MEMBERSHIP. My participation in the Program and the benefits of the Program are offered at the sole discretion of Maverik. I confirm for Maverik that I am an eligible participant (as described below) and understand that only eligible participants may enroll or otherwise participate in the Program. I agree that: (i) I will only have and maintain one account in the Program, and (ii) my account is nontransferable and is subject to the Terms, as the same may be amended or modified at any time in Maverik's sole discretion. By participating in the Program, I agree to receive operational communications about the Program, as well as advertising and marketing material from Maverik. I agree that, in order to participate in the Program, it is my responsibility to keep my account information current, complete and accurate by periodically updating my account information.

  3. ELIGIBILITY. I acknowledge that the Program for the Club Card is open to individual United States residents (excluding Guam, Puerto Rico, U.S. Virgin Islands and territories) at least thirteen (13) years of age who provide and maintain a valid registered Club Card, including a valid registered email address and agree to comply with the Terms. By joining or otherwise participating in the Program, I represent and warrant that I am at least thirteen (13) years of age or older. If I am between thirteen (13) and the age of majority, I agree that I have obtained permission from my parent or legal guardian to be a member of the Club Card Program. I also acknowledge and understand that I may not eligible for certain sweepstakes, contests and other Program offerings unless I am of the applicable age for same. I acknowledge that the Program for the Nitro Card is open to individual United States residents (excluding Guam, Puerto Rico, U.S. Virgin Islands and territories) at least eighteen (18) years of age who maintain a valid registered Nitro Card, including a valid registered email address and agree to comply with the Terms. By joining or otherwise participating in the Nitro Card Program, I represent and warrant that I am at least eighteen (18) years of age or older. I also acknowledge and understand that I may not eligible for certain sweepstakes, contests and other Program offerings unless I am of the applicable age for same.

  4. EARN POINTS. Trail Points are earned in accordance with the Terms. I acknowledge that it may take up to two (2) business days or more for Trail Points to be posted to my Program account following the purchase date. Trail Points will be earned by only one Program account per transaction. Program cards, Trail Points, and any Program offers and coupons have no cash value. I agree and acknowledge that my Program account, card, Trail Points, offers and coupons are non-transferable and that other restrictions and exclusions may apply.

  5. OFFERS. As a Program participant, I acknowledge that I will receive several offers from Maverik. Any additional offers received will include additional details, and may include additional exclusions and terms. In addition, as a Program participant, I acknowledge that I may receive other communications, such as early notification about upcoming events and sales, from Maverik. If at any time I do not want to receive communications from Maverik or Maverik's affiliates, I understand that I am entitled to unenroll in the Program or unsubscribe from certain communications by unsubscribing from the email, calling Maverik's Customer Services at 800-789-4455 or by logging into my account and deactivating my card at maverik.com or on the Maverik mobile application. In connection with the foregoing, I acknowledge that cancellation of my account and participation in the Program may take from 6 to 8 weeks to finalize.

  6. 6. MEMBERSHIP AND POINTS EXPIRATION, MAXIMUM LIMITS, CANCELLATION AND TERMINATION. In addition to the terms and conditions of the Program, I agree and acknowledge that my failure to earn any Trail Points or engage in the Program during any continuous twelve-month period shall entitle Maverik to inactive my account and to delete any Trail Points earned in the Program. I agree and acknowledge that all Trail Points expire 365 days from the date I earned by Trail Points and that the maximum number of Trail Points that can be earned by purchase transactions in the Program during any consecutive thirty (30) day period is 2500 Trail Points.

    In the event of any abusive or fraudulent activity related to the Program, and/or a violation of the Terms, as determined by Maverik in its sole discretion, Maverik reserves the right to make any adjustments to my Program account at any time. Any such adjustments, however, will be made in accordance with the Terms, the Policies, and any applicable laws, rules or regulations. In addition, I understand that Maverik reserves the right to change, limit, modify or terminate the Program and/or my account and participation in the Program for any reason or no reason at any time, with or without notice.

  7. MEMBER COMMUNICATIONS. I understand that I may view my account activity online at maverik.com or through the Maverik mobile application. By enrolling or otherwise participating in the Program, I agree to receive transactional emails and promotional email offers and updates from Maverik.

  8. ADDITIONAL TERMS. My participation in the Program and the benefits of the Program are offered at the sole discretion of Maverik. I confirm for Maverik that I am an eligible participant (as described below) and understand that only eligible participants may enroll or otherwise participate in the Program. I agree that: (i) I will only have and maintain one account in the Program, and (ii) my account is nontransferable and is subject to the Terms, as the same may be amended or modified at any time in Maverik's sole discretion. By participating in the Program, I agree to receive operational communications about the Program, as well as advertising and marketing material from Maverik. I agree that, in order to participate in the Program, it is my responsibility to keep my account information current, complete and accurate by periodically updating my account information.

    1. License. Subject to the Terms, Maverik hereby grants to the participant a non-exclusive, non-transferable license (without the right to sublicense) for so long as such participant has a valid registered Program account and adheres to these Terms, to access, participate in and use the Program and services related thereto. I agree and acknowledge that I do not have any rights other than the rights and licenses expressly granted herein.

    2. Policies. I agree to comply with these Terms, and all other policies and rules as set forth in Program materials, either in print or on maverik.com or the Maverik mobile application (collectively, the “Policies”). The Policies, including any amendments which may be made from time to time, are hereby incorporated by reference into these Terms. Maverik may modify these Terms or the Policies at any time, without providing notice to me. The Terms and the Policies as so amended will be posted on maverik.com or the Maverik mobile application, and I understand that my continued participation in the Program or use of maverik.com or the Maverik mobile application thereafter will constitute acceptance of any such amendment.

    3. Privacy Policy. By enrolling or otherwise participating in the Program, I acknowledge and agree that the information I have provided as a member of the Program will be released to Maverik as well as other third parties to carry out the Program on Maverik's behalf and will otherwise be handled in accordance with the applicable provisions of the Maverik's Privacy Policy at maverik.com.

    4. Jurisdiction and Venue. THE TERMS OF THE PROGRAM SHALL BE GOVERNED BY THE LAWS OF THE STATE OF UTAH, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS. YOU AGREE THAT THE STATE OF FEDERAL COURTS LOCATED IN SALT LAKE COUNTY, UTAH SHALL BE THE EXCLUSIVE VENUE AND JURISDICTION FOR ANY DISPUTE, SUIT, LIABILITY, DAMAGE, CLAIM OR LOSS ARISING FROM OR IN ANY WAY ASSOCIATED WITH YOUR USE OF, OR ACCESS TO, THE PROGRAM (COLLECTIVELY, (“DISPUTE”). IN THE EVENT OF DISPUTE, YOU SHALL NOTIFY MAVERIK SETTING FORTH THE NAME, ADDRESS AND CONTACT INFORMATION, THE FACTS GIVING RISE TO THE DISPUTE AND THE RELIEF REQUESTED. I WILL THEN ATTEMPT TO RESOLVE THE DISPUTE THROUGH INFORMAL NEGOTIATIONS WITHIN SIXTY (60) DAYS WITH MAVERIK FROM THE DATE OF MY NOTICE OF DISPUTE AFTER WHICH I MAY COMMENCE LITIGATION.

    5. Class Action Waiver. NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT OR WITH A DISPUTE OF ANY OTHER PERSON/CUSTOMER. ALL PARTIES TO THE SUIT MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR BASES INVOLVING A DISPUTE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL ACTION), OTHER PERSONS/CUSTOMERS, OR OTHER PERSONS/CUSTOMERS SIMILARLY SITUATED.

    6. Limitation of Liability. MAVERIK PROVIDES THE PROGRAM, THESE AND OTHER MATERIALS RELATED TO THE PROGRAM, AND OTHER SERVICES AND PRODUCTS IN THEIR “AS IS,” “WHERE IS” CONDITION. IN CONNECTION WITH THE FOREGOING, MAVERIK,, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”) MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM, PARTICIPATION IN THE PROGRAM, OR ANY PRODUCTS, SERVICES, REWARD CERTIFICATES COUPONS OR OFFERS RELATED TO THE PROGRAM. BY PARTICIPATING IN THE PROGRAM, I HEREBY RELEASE THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES AND OTHER EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) RELATING TO MY PARTICIPATION IN THE PRORAM, USE OF REWARD CERTIFICATES OR PROGRAM OFFERS OR COUPONS OR AGREEMENT TO THESE TERMS. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO ME. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, THE AGGREGATE LIABILITY OF MAVERIK UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).

    7. Discretion. Wherever in this Agreement a matter is stated to be at the “sole discretion” of a Party, the exercise of that discretion is not capable of being challenged in any legal or arbitral proceeding on any grounds whatsoever.

    8. Taxes. As a member in the Program, I acknowledge and agree to be responsible for any applicable taxes upon receipt of any points in the Program or awards or gifts received based upon my participation in the Program.

    9. Corrections. Maverik is not responsible for, and reserves the right to correct, any pricing or typographical errors, errors of description or errors regarding the Program or any offers related thereto.

    10. Disclaimer. Maverik is not responsible for late, lost, incomplete, or misdirected entry information or communications; computer system, phone line, electronic equipment, computer hardware, software or program malfunctions, or other errors; failures or delays in computer transmissions or network connections; or for any other technical problems. Maverik is not responsible for incorrect or inaccurate entry information, whether caused by members of the Program or by any of the equipment or programming associated with or utilized in the Program, or by any technical or human error which may occur in the processing of points in the Program and account information. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEB SITE, MOBILE APP OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MAVERIK RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

    11. Indemnity. I agree to indemnify, defend, and hold harmless Maverik and Maverik's affiliates from and against any and all liabilities, costs, damages and expenses, including reasonable attorneys' fees, resulting from my actions hereunder, including, but not limited to, the following: (i) breach of any provision of the Terms, Policies or Program; or (ii) unauthorized or illegal acts.

    12. Jury Trial Waiver. 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).

    13. Severability. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

    14. Non-Confidentiality. Any communication or other information sent to Maverik via electronic mail or otherwise in connection with my use of the Program, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by Maverik for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to Maverik; 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. Maverik does reserve the right to use a customer's information for its own or its vendor's marketing purposes used in accordance with the applicable provisions of the Maverik Privacy Policy.

(Ver. 09/25/14)