Blue Rewards Terms and Conditions

The Blue Rewards loyalty program (the “Program”) is offered by BlueMark Solutions, LLC, including its participating subsidiaries and affiliates (collectively “BlueMark”) to its customers. Together with the Terms of Use that apply to the BlueMark Website, these Blue Rewards Terms and Conditions (“Terms”) contained herein apply to the Program.  These Terms form the agreement (the “Agreement”) between BlueMark and each customer that participates in the Program (the “Participant”).

Program Registration. All Participants must register by texting the Required Information to 918-862-0181. The Required information is as follows: the Participant’s (1) Name; (2) Address; (3) Phone Number; (4) Email Address; and (5) Last 4 Digits of your Credit Card (in the Case of Fleet Card Drivers, your User ID). Purchases are identified through either the last 4 digits of the credit card or the fleet card user ID provided. Participants must use a valid name, street address or P.O. Box, apartment number, city, state or province, zip code, telephone number including area code, email and date of birth.  Providing fictitious, incorrect or false information may result in termination of the Participant’s account and forfeiture of all existing benefits of the Program.

Participation Requirements. All Participants must agree to and fully comply with these Terms and all Program rules and regulations and be at least 18 years of age or older to be eligible to participate in the Program. By registering into the Program, you are certifying that you are at least 18 years of age or older. (BlueMark team members and immediate family to or household members of team members may not qualify for the Program.) In addition, all Participants agree to comply with all applicable laws relating to their participation in the Program. In the event a Participant does not comply with the terms and conditions herein, all Program rules and regulations, and applicable laws, said Participant will no longer be eligible to participate in the Program and all accrued rights and privileges under the Program will be forfeited effective as of the date and time of non-compliance. BlueMark reserves the right to disqualify Participants who have violated any of the Program Terms. Participant agrees that BlueMark may take any and all action that it deems necessary to ensure compliance with and the integrity of this Program. Further, BlueMark reserves the right to determine eligibility for participation and the right to terminate a Participant’s participation at any time, with or without reason and with or without notice. The Program is a privilege and is not an entitlement program and there are no third-party beneficiaries to the Program. Rewards and advantages may be subject to income or other taxes. Such taxes and all disclosures related thereto are Participant’s sole responsibility. BlueMark shall not be responsible for unpaid taxes, fees, fines or penalties.

Points. Qualifying purchases under the Program will entitle Participants to “points.” In addition, various “rewards” will be granted to Participants upon accumulation of a certain number of points and/or via Program promotions. Participants must register for the Program to claim rewards. No points can be earned prior to registration. After registration, points earned and accumulated will continue to accumulate so long as the Participant’s registration is active. In the event Participant does not purchase motor fuel from a BlueMark station within a period of 6 consecutive months, Participant’s registration will become inactive and any accumulated points will be forfeited. Participant hereby acknowledges that BlueMark has no liability to Participant for failure to use points or to claim rewards.

BlueMark’s Right to Modify the Program. BlueMark reserves the right to modify, at any time and for any reason, these Terms by posting such modifications on BlueMark’s Website. Each Participant is responsible for monitoring any changes or modifications to these Terms. BlueMark reserves the right to change, at any time and for any reason any and all other terms and conditions of the Program, including the right to suspend, modify, and/or terminate the Program, or certain aspects of the Program, including but not limited to rewards, features and other benefits, at BlueMark’s sole discretion. Such Program changes may be communicated by BlueMark through various methods, including mass marketing, such as the BlueMark Website, signage at participating stations, media advertisements, text messages for which data and messaging rates may apply, emails, etc.). In addition, some promotions and offers may be made available to some but not all Participants. Further, rewards are subject to availability and subject to change, with or without notice and for any reason. There may be separate rules governing the awarding and redeeming of rewards and/or points through other retailers or consumer product companies not affiliated with BlueMark, if applicable. In addition, some states prohibit the award or redemption of points. Participant and BlueMark each agree to follow all applicable state and federal laws.

Non-Affiliated Retailers. BlueMark may issue rewards in the form of gift cards to other retail merchants NOT affiliated with BlueMark. In such instances, BlueMark is in no way representing that it is partnering or working with such retail merchants. Further, BlueMark is not representing that it has received, is receiving or will receive any special benefit from such retail merchants for including such gift cards as rewards in this Program. BlueMark has simply purchased such gift cards from the retail merchants to provide as a reward in this Program. Participant acknowledges and agrees that the rules made applicable by the retail merchants of any gift cards awarded hereunder shall apply to the use of such gift cards. PARTICIPANT FURTHER ACKNOWLEDGES AND AGREES THAT SUCH RETAIL MERCHANTS ARE NEITHER AFFILIATED WITH NOR LIABLE FOR THE BLUE REWARDS PROGRAM.

Personal Data. By registering in the Program, Participants hereby agree to all personal information uses and disclaimers as set forth in the Privacy Policy on the BlueMark Website and hereby grant to BlueMark an irrevocable right, without further compensation, to use the information, photographs, and personal data provided to BlueMark, singularly or in conjunction with information, photographs, and personal data provided by other Participants and/or customers, for advertising, publicity, commercial or other business purposes. Participants further hereby release BlueMark from any liability whatsoever relating to BlueMark’s use of information, photographs, or other personal data provided to BlueMark by Participant in connection with their participation in the Program.

BlueMark Owned Information. Along with the disclaimers made regarding BlueMark’s intellectual property rights in its Website’s Terms of Use, the Program (including the related service marks and trademarks) is protected by copyright as a collective work and/or compilation, pursuant to United States copyright laws, international conventions and other applicable copyright laws. All of BlueMark’s names, logos, service marks and trademarks may not be used by you in any manner without the prior written consent of BlueMark. Any communication sent to BlueMark via electronic mail or otherwise regarding suggestions, ideas and/or comments, will be treated as non-confidential and all such information may be used by BlueMark for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to BlueMark.

Indemnification/No warranties. Participant agrees to indemnify, defend, and hold harmless BlueMark from and against any and all liabilities, costs, damages and expenses, including reasonable attorneys’ fees, resulting from Participant’s actions hereunder, including, but not limited to, the following: (i) breach of any provision in this Agreement; or (ii) unauthorized or illegal acts. Participant agrees to hold BlueMark harmless and waive any damages or claims against BlueMark which are associated with any change, limit, modifications, decrease or cancellation of rewards and reward levels. Each Participant acknowledges and agrees that Program points have no cash value. BLUEMARK MAKES NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE PROGRAM, OUR WEBSITE, AND/OR THE BENEFITS OR REWARDS AVAILABLE THROUGH THE PROGRAM. THE PROGRAM, AS IT EXISTS FROM TIME TO TIME, IS PROVIDED “AS IS” AND WITH ALL FAULTS. YOU AGREE THAT BLUEMARK SHALL BE IN NO WAY LIABLE TO YOU (OR ANYONE CLAIMING THROUGH YOU) FOR YOUR USE OR ATTEMPTED USE OF THE PROGRAM, OR THE WEBSITE, UNLESS SUCH FAILURES WERE (I) WITHIN OUR SOLE CONTROL, (II) WERE CAUSED SOLELY BY OUR GROSS NEGLIGENCE, AND (III) SUCH LIABILITY IS NOT FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST POINTS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER SYSTEMS OR LOSS OF ANY DATA. MOREOVER, THE MAXIMUM LIABILITY OF BLUEMARK TO ANY ACCOUNT HOLDER UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED $50, AND YOUR ACCEPTANCE OF THESE TERMS IS YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY.

Limitation of Liability. BlueMark is not responsible, and assumes no liability, for changes or discontinuances of rewards offered or the availability of such rewards. BlueMark is not responsible for printing or typographical errors in any Program- related materials. BlueMark does not assume any responsibility for any technical problems in conjunction with transmission or receipt of entry including faulty electronic data transmission, traffic congestion on the Internet or on any website, hardware or software, equipment failure or malfunction, or other online communications problems. Use of the BlueMark Website, Program, or any of their social media sites (herein collectively “Website(s)”) is at user’s own risk. BlueMark is not responsible for any damage or losses of any kind that may be sustained to user's or any other person's computer resulting from participation in the Program, use of the Websites or the download or transmission of any information to or from the Websites. BlueMark reserves the right to cancel, suspend or modify the Program if fraud or technical failures compromise the integrity of the Program as determined by BlueMark in its sole discretion. BlueMark reserves the right, in its sole discretion, to terminate any Participant from the Program. If BlueMark improperly denies a Participant points or some other benefit, your exclusive remedy shall be the issuance of the improperly denied credit, reward or benefit if available, or such other comparable alternative, determined in the sole discretion of BlueMark. IN NO EVENT SHALL BLUEMARK BE LIABLE FOR FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THIS PROGRAM, YOUR USE OF THE WEBSITE OR OTHERWISE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Choice of Law/Jurisdiction. This Program is governed by the laws of the State of Oklahoma, without respect to conflict of law doctrines.  As a condition of participating, Participant agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or in connection with this Program, shall be resolved individually, without resort to any form of class action, exclusively before a state or federal court located in Tulsa, Oklahoma. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, and Participant further waives all rights to have damages multiplied or increased. 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). PARTICIPANT AND BLUEMARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN PARTICIPANT’S OR BLUEMARK’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS PARTICIPANT IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING.

Entire Agreement. These Terms, the Website Terms of Use and the Privacy Policy set forth on the BlueMark Website constitute the entire agreement between BlueMark and Participants with respect to use of the Program. Any cause of action with respect to use of the Program must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.