RaceTrac Rewards VIP General Terms and Conditions
RaceTrac Rewards VIP General Terms and Conditions
Thank you for visiting the terms and conditions (the “Terms”) for the RaceTrac Rewards VIP Program (as defined below). These Terms are between you and RaceTrac Petroleum, Inc. and/or its affiliates (“RaceTrac”, “us”, or “our”) and govern our respective rights and obligations. If you sign up for a RaceTrac Rewards VIP Membership, you accept the following terms, conditions, limitations, and requirements. If you have any questions, please do not hesitate to reach out to Customer Service (www.racetrac.com/contact-us.aspx). We look forward to serving you as a RaceTrac Rewards VIP Member!
Modifications To RaceTrac Rewards VIP Program
RaceTrac reserves the right to add, change, or remove any benefits associated with the RaceTrac Rewards VIP Program at any time, at RaceTrac’s sole and complete discretion, and for any or no reason; provided, that, in the event that RaceTrac cancels or materially decreases the RaceTrac Rewards VIP Membership Benefits during the Membership Period, then RaceTrac shall provide a refund to the extent specified in the “RaceTrac Rewards VIP Cancellation” section below.
The “RaceTrac Rewards VIP Program” is a program whereby RaceTrac makes certain benefits available to RaceTrac Rewards members (as specified in the “Membership” section) in exchange for a membership fee, as further described and specified below.
Enrollment, management, and participation of and in the RaceTrac Rewards VIP Program shall be conducted through the RaceTrac Rewards loyalty program, the terms and conditions of which are contained here (https://www.racetrac.com/Terms-of-Use). These RaceTrac Rewards VIP Program Terms shall govern your participation in and use of the RaceTrac Rewards VIP Program, including any rights and obligations specific to the RaceTrac Rewards VIP Program. However, the RaceTrac Rewards loyalty program terms and conditions (https://www.racetrac.com/Terms-of-Use) shall otherwise govern your use of the RaceTrac Rewards loyalty program; provided, that, solely with respect to the RaceTrac Rewards VIP Program and your participation therein, if there is a conflict between the terms and conditions specified in these Terms and those contained in the RaceTrac Rewards loyalty program terms and conditions, then the terms and conditions contained in these Terms shall control.
Membership
Individuals are eligible for membership in the RaceTrac Rewards VIP Program only if they are 18 years of age or older.
RaceTrac Rewards VIP Membership may only be applied for by RaceTrac Rewards members that are otherwise eligible under these Terms (each an “Eligible Rewards Member”).
To apply for a RaceTrac Rewards VIP Membership, an Eligible Rewards Member must apply for participation in the RaceTrac Rewards VIP Program by logging into his/her Rewards account on Racetrac.com or logging into his/her RaceTrac Rewards mobile app
RaceTrac Rewards VIP Membership is subject to any and all rules adopted by RaceTrac - including our privacy policies and practices (https://www.racetrac.com/Privacy-Policy). Please visit RaceTrac.com to view all privacy policies and practices, or click the link above.
FAQs regarding the RaceTrac Rewards VIP Program and RaceTrac Rewards VIP Membership are available at https://www.racetrac.com/Rewards/RaceTrac-Rewards.
Fees and Membership Details
To activate a RaceTrac Rewards VIP Membership, Eligible Rewards Members must log in and pay through the RaceTrac Rewards website at https://www.racetrac.com/Rewards/RaceTrac-Rewards using the methods and following the instructions contained on the website.
The fee for each RaceTrac Rewards VIP Membership is $2.49 for the Membership Period (the “Membership Fee”).
The “Membership Period” is the one-month period (based on the number of days in the calendar month in which the Membership Period begins) beginning on the date of enrollment of a RaceTrac Rewards VIP Member and each subsequent one-month period thereafter.
If you purchase a RaceTrac Rewards VIP Membership, your RaceTrac Rewards VIP Membership will automatically renew for each subsequent Membership Period and the saved payment method will be charged, unless you elect to end your RaceTrac Rewards VIP Membership prior to expiration of the then-current Membership Period. Absent cancellation of your RaceTrac Rewards VIP Membership as described in the preceding sentence, the saved payment method will be charged one day before the expiration of the then-current Membership Period. The new Membership Period on the day immediately following the expiration of the then-current current Membership Period.
If you should choose to cancel your RaceTrac Rewards VIP Membership, you may do so in using the procedure described in the section below labeled “RaceTrac Rewards VIP Cancellation.”.
In order to purchase a RaceTrac Rewards VIP Membership, you will be required to submit payment information into your RaceTrac Rewards account at RaceTrac.com as prompted (if you have not already done so). Your payment information will be stored, processed, and handled by a third party provider. By providing payment information to the third party provider, you are authorizing RaceTrac to renew your membership each month via a charge to your payment card/method inserted. Although RaceTrac does not store or process your payment information, RaceTrac will have the ability to authorize monthly charges to your provided payment method via a token provided by the third party provider. By signing up for RaceTrac Rewards VIP Membership, you authorize RaceTrac to use the token to automatically charge you via your inserted payment method on a monthly basis, unless you cancel your RaceTrac Rewards VIP Membership as described in the section below labeled “RaceTrac Rewards VIP Cancellation.”
Each RaceTrac Rewards VIP Membership is valid at any RaceTrac location (each a “Qualifying RaceTrac Location”) and is not transferable to any other individual or entity.
RaceTrac Rewards VIP Membership Benefits
Each RaceTrac Rewards VIP Member shall receive the following “RaceTrac Rewards VIP Membership Benefits”:
- a discount of $0.10 per gallon on the first 40 gallons purchased during the Membership Period at any Qualifying RaceTrac Location; and
- a discount of $0.03 per gallon on any fuel purchases at any Qualifying RaceTrac Location in excess of 40 gallons during the Membership Period.
All fuel purchases made by RaceTrac Rewards VIP Members which are eligible to receive benefits under the RaceTrac Rewards loyalty program will also be eligible to receive the RaceTrac Rewards VIP Membership Benefits.
RaceTrac Rewards VIP Members will have the ability to view certain fuel purchase information at Qualifying RaceTrac Locations at the following link: https://www.racetrac.com/Rewards/RaceTrac-Rewards.
Call 1-888-636-5589 or email guest@racetrac.com for forgotten RaceTrac Rewards VIP Membership information (or for other questions regarding the RaceTrac Rewards VIP Program).
RaceTrac Rewards VIP Cancellation
Any RaceTrac Rewards VIP Member may cancel his/her RaceTrac Rewards VIP Membership at any time by logging into his/her account at https://www.racetrac.com/Rewards/RaceTrac-Rewards and following the instructions to cancel the subscription, in which case your RaceTrac Rewards VIP Membership Benefits will remain valid through the last day of the then-current Membership Period, but will end as of the day immediately following the then-current Membership Period.
In the event that RaceTrac terminates, cancels, or materially decreases/limits the Membership Benefits during the Membership Period for any reason (including as described in the section titled “Modifications to RaceTrac Rewards VIP Membership Program”), RaceTrac’s maximum liability to you (if any) will be an amount equal to the following: $2.49 – [Actual Gallons Purchased Using Membership Benefits in the then-current Membership Period x $0.10] (unless the amount is equal to or below zero, in which case, RaceTrac will have no obligation to provide any refund). In the event you are eligible for any amounts as described in this paragraph, RaceTrac will communicate the appropriate mechanism for application for and receipt of such amount using one of the communication mechanisms provided by you via the Mobile App or RaceTrac Rewards website.
Receiving RaceTrac Rewards VIP Membership Benefits
RaceTrac Rewards Purchases At The Pump
For purchases of fuel at the pump, RaceTrac Rewards VIP Members may receive the RaceTrac Rewards VIP Member Benefits by typing in the RaceTrac Rewards VIP Member’s RaceTrac Rewards ID (as defined in the RaceTrac Rewards terms and conditions (https://www.racetrac.com/Terms-of-Use) when making a fuel purchase. The RaceTrac Rewards VIP Member’s phone number will need to be previously entered into the Mobile App (as defined in the Rewards Program terms and conditions (https://www.racetrac.com/Terms-of-Use) for this functionality to be enabled. From time to time, due to technical or other difficulties, certain fuel pumps may not allow a RaceTrac Rewards VIP Member to enter the RaceTrac Rewards VIP Member’s phone number and receive the RaceTrac Rewards VIP Membership Benefits at the pump. If you are not prompted to enter your phone number at a fuel pump, please pay inside the Qualifying RaceTrac Location to receive the appropriate RaceTrac Rewards VIP Membership Benefits. Please call 1-888-636-5589 or email guest@racetrac.com if you have any problems or issues with redeeming RaceTrac Rewards VIP Membership Benefits.
In-Store Fuel Purchases
For purchases of fuel conducted in-store, in order to receive the RaceTrac Rewards VIP Membership Benefits, the RaceTrac Rewards VIP Members must pre-pay for the fuel purchase and present his/her mobile device, with the barcode associated with the RaceTrac Rewards mobile application visible on the screen (or by using the phone number associated with your RaceTrac RaceTrac Rewards account), for the cashier at the Qualifying RaceTrac Location to scan while pre-paying for fuel.
Issues with Redeeming RaceTrac Rewards VIP Membership Benefits
Although we do not anticipate issues with redemption of RaceTrac Rewards VIP Membership Benefits either for in-store purchases or for purchases at the pump, in the event that you believe that you have not received appropriate RaceTrac Rewards VIP Membership Benefits either for fuel purchases conducted in-store or at the pump, please call 1-888-636-5589 or email guest@racetrac.com.
Payment
RaceTrac Rewards VIP Members are eligible to receive the RaceTrac Rewards VIP Membership Benefits regardless of the payment method used to purchase fuel.
RaceTrac Rewards VIP Members are not permitted to purchase gasoline for the purpose of resale.
Privacy
RaceTrac respects your right to privacy, and our Privacy Statement (https://www.racetrac.com/Privacy-Policy) outlines our policies and practice regarding collection and use of your data or information in detail.
Each RaceTrac Rewards VIP Member’s data and information will be used consistent with how the data and information is used as a RaceTrac Rewards member.
Disputes
Governing Law
These Terms and all claims or causes of action related to or arising in connection with these Terms or the RaceTrac Rewards VIP Membership Program shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its principles of conflicts of laws.
Dispute Resolution
YOU HEREBY AGREE AND CONSENT TO the WAIVEr of (and hereby waive) YOUR RIGHT TO PURSUE A CLAIM BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING.
THE USE OF THE RACETRAC REWARDS VIP PROGRAM REQUIRES THE INDIVIDUAL ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES. SUBJECT TO THIS SECTION, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE SUCH CLAIM OR DISPUTE: (1) IN COURT; (2) BEFORE A JUDGE OR JURY; OR (3) IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
You agree that any dispute arising out of or relating in any way to your use of the RaceTrac Rewards VIP Program requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate RaceTrac’s Intellectual Property Rights, RaceTrac may seek injunctive or other appropriate relief. The arbitration shall be conducted before three (3) neutral arbitrators Cobb County, Georgia, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. If you initiate arbitration, you will be responsible for paying a filing fee. The arbitrator will have the authority to waive this filing fee if you can prove financial hardship. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE RACETRAC REWARDS VIP PROGRAM REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents: (a) to the non-exclusive jurisdiction of the state or federal courts located in Cobb County, Georgia for any action (i) to compel arbitration; (ii) to enforce any award of the arbitrators; or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies; and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Dispute Resolution section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Cobb County, Georgia and each party hereby irrevocably and unconditionally waives any defense related to personal jurisdiction, process or venue.
Limitation of Liability
In addition to other limitations and exclusions contained herein, RaceTrac’s total liability, in any form, to any individual or entity will not exceed the aggregate Fuel VIP Membership Fee(s) paid by the applicable RaceTrac Rewards VIP Member. This limitation of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your RaceTrac Rewards VIP Membership.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Other Limitations
RaceTrac reserves the right to accept or refuse a RaceTrac Rewards VIP Membership application in our sole discretion.
RaceTrac reserves the right to modify these Terms, the RaceTrac Loyalty Program terms and conditions, and the Privacy Statement, or any other legal terms associated with the RaceTrac Rewards VIP Program, without notice to you. If any change to these Terms or other governing terms and conditions is found to be invalid, void, or unenforceable for any other reason, such change is severable and will not impact the enforceability or validity of any remaining terms and conditions governing the RaceTrac Rewards VIP Program. Your continued use of the RaceTrac Rewards VIP Program and the RaceTrac Rewards VIP Membership Benefits after any such change becomes effective shall constitute your acceptance of such change. If you do not agree with such change, you must cancel your participation in the RaceTrac Rewards VIP Program to not be subject to such changes.
You hereby acknowledge and agree that, as part of your participation in the RaceTrac Rewards VIP Program, we may send you emails and other communications related to RaceTrac and your RaceTrac Rewards VIP Membership.
You may not transfer or assign your RaceTrac Rewards VIP Membership, except as allowed in these Terms.
Our failure to enforce strict compliance with any term or condition contained in these Terms will not constitute a waiver of any of our rights hereunder.