High Octane Rewards ™ Terms and Conditions

Effective as of July 17, 2018

Welcome to High Octane Rewards ™ , owned and operated by Alon Brands, Inc. The High Octane Rewards program (“Program”) was created to reward and thank our loyal customers for their continued patronage. Members of the program earn and accumulate points that can be redeemed for benefits at participating locations. Visit www.HighOctaneRewards.com to find participating store locations.

Agreement to Terms

These High Octane Rewards terms and conditions, Privacy Policy and Website Terms of Use constitute the entire agreement (the “Agreement”) between you (“You”) and Alon Brands, Inc. and its affiliates and subsidiaries (“Alon,” “Alon Brands,” “Company,” “Our,” “Us,” “We”) and the High Octane Rewards Program (the “Program”). By participating in the Program, you acknowledge that you have or will read these terms and conditions carefully, and that you fully understand and agree to the terms and conditions of use as set forth below, without exception. If for any reason you cannot agree to all of these terms and conditions, now or in the future, you agree that you will not participate or cease participating in the program. These Program Terms and Conditions do not alter in any way the terms and conditions of any other agreement you may have with us in respect to any products, services or otherwise outside of the High Octane Rewards Program. It is the responsibility of participating members to remain knowledgeable regarding all program terms and conditions posted at www.HighOctaneRewards.com.

Program Changes or Cancellation

ALON RESERVES THE RIGHT TO AMEND, TERMINATE, DISCONTINUE OR CANCEL THE HIGH OCTANE REWARDS PROGRAM, THESE TERMS AND CONDITIONS OR ANY SPECIFIC HIGH OCTANE REWARDS PROMOTION AT ANY TIME AND IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU. ALON SHALL POST ANY UPDATES OR CHANGES TO THESE TERMS AND CONDITIONS ON ITS WEBSITE, AND YOUR CONTINUED PARTICIPATION IN THE HIGH OCTANE REWARDS PROGRAM CONFIRMS YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS, THEREFORE, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS AND APPLICABLE POLICIES FREQUENTLY TO UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO THE HIGH OCTANE PROGRAM.

Membership Eligibility

YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE HIGH OCTANE REWARDS PROGRAM. High Octane Rewards membership is free and open only to legal residents of the U.S. who are natural persons; no corporation, trust, partnership or other entity may participate in the Program. You must be at least 13 years of age or older to participate in the High Octane Rewards program; if you are between 13 and 18, you may join and participate in the Program only with the permission of and under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. The program is not targeted towards, nor intended for use by, anyone under the age of 13. Additionally, some parts of the program may require that you must be at least 18 or 21 years of age to participate. Your membership eligibility and participation in the program can be suspended or terminated by Alon Brands, in its sole discretion, at any time. You may only have one (1) account and one (1) card that is personal to you.

Registering Your Card

You may earn Points without ever registering your card; however, YOU MUST REGISTER your card in order to redeem your Points, get fuel discounts and to receive special promotions offering extra Points or extra fuel discounts that may be offered from time to time. To register your High Octane Rewards Card, visit www.HighOctaneRewards.com and follow the prompts to update your profile with your card number, mobile phone number and the security PIN of your choice. Your phone number can then be used like your card for earning and redeeming Points. The Program reserves the right to validate your registration. All information provided by you must be true and accurate. You will be responsible for any and all loss, damage or additional costs that you or the Program may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update any information that you submit.

Registration Bonuses

The registration process may allow you to earn High Octane Rewards Bonus Points for providing additional information including but not limited to: email address, first name, last name, physical address, and birthdate.

Accumulating Points

You may begin accumulating High Octane Rewards Points (“Points”) immediately upon receiving the High Octane Rewards card. You earn Points at the rate of one (1) Point for each One-Dollar (USD$1.00) you spend on qualifying purchases, excluding taxes, when you present and scan your valid High Octane Rewards Card or provide your Alternate ID phone number linked to your Account (after registering your card) at the time of purchase. Points cannot be awarded without a valid card or linked phone number and cannot be applied to previous purchases. Generally, Points are automatically added to your account within twenty-four (24) hours. Points are promotional in nature, have no cash value, are personal to you and cannot be sold, copied, bartered, transferred, shared, or redeemed or exchanged for cash, and may not be used for any commercial purpose.

Qualifying Purchases

You will be able to accumulate Points by purchasing most items in our stores (“Qualifying Purchases”) excluding the following products and services: fuel, lottery tickets, financial services, third-party services, prepaid card products, money orders, gift cards, phone cards, stamps, Post Office stamps and merchandise, event tickets, bus tickets and passes, charitable donations, gift with purchases or as may be excluded in particular promotions, and any other products or services as prohibited by law or specified as exclusions from time to time (collectively, the “Excluded Items”). The Program reserves the right to amend this list at any time without notice. No substitutions, assignments, or transfers of any Qualifying Purchases will be permitted. We reserve the right to add or delete products and services eligible for Point accumulation at any time, at our sole discretion, without notice. If you cancel or return a Qualifying Purchase for which you have collected Points, the program may deduct the Points that you were accumulated for that purchase. Points are not transferable to any other individual or entity.

Redeeming Points

You may redeem your High Octane Rewards Points for certain items once you have accumulated the required number of Points for those item(s). For further details of items you can obtain with your Points, please log into your Account at www.HighOctaneRewards.com and follow the prompts to view the list of available items. Points can be redeemed in the store during your purchase transaction and will be immediately deducted from your account; once redeemed, Points cannot be credited back to your Account or converted into another reward and no returns or exchanges are allowed on purchases made by redeeming points. Points cannot be redeemed for the purchase of merchandise that is excluded from accumulating Points. Points cannot be combined from multiple accounts in order to make a redemption. We reserve the right to add or delete products and services eligible for Point redemption at any time, at our sole discretion, without notice. All rewards are subject to availability of applicable merchandise. You are responsible for any federal, state or local taxes applicable to your participation in the Program.

Point Forfeiture

Points will not expire as long as you:
1. REGISTER your Card number/Account, as described in the “Registering Your Card” section above, within 60 (sixty) days following your first Point-earning purchase;
2. MAINTAIN ACTIVE status by continuing to earn or redeem Points during every rolling six-month (6) period.
If you do not register your account within the first 60 days or maintain active status by earning or redeeming Points at least once during any 6-month period, your account may become INACTIVE with any remaining Points being forfeited. You may RE-ACTIVATE your card at any time by earning new Points, but any Points that were forfeited due to your Points account becoming inactive will NOT be returned to your account.
IMPORTANT: Once forfeited, Points cannot be returned to your account.

Fuel Discount Rewards

Your High Octane Rewards Card/Account must be registered before you are eligible to receive fuel discounts. Once your card/account is registered, you will receive a price rollback of three cents ($0.03) per gallon for every gallon you purchase on every grade of gasoline when you swipe your High Octane Rewards card or enter your mobile phone number, as prompted, at the beginning of your fuel purchase. Fuel discount is valid only at participating locations.

Promotional Offers

As a High Octane Rewards member you can earn additional reward points and/or fuel discounts by participating in promotion offers issued by the High Octane Rewards Program through emails, SMS/text messages, the website, social media, other digital communications and in-store promotions. All promotional offers are subject to the terms and expiration date provided within the offer. All promotional fuel discounts include the 3¢ off for being a registered member.

Communications and Promotions

By participating in the High Octane Rewards program, you are granting your consent to receive communications, advertising, and marketing material from the Program as we deem may be important or relevant to you. These communications include, but are not limited to mail, email, SMS/text messaging or by any other digital means. These communications may include notices about promotional events, your Account status, disclosures, program notifications or any other content we believe to be relevant to you including that of our partners and suppliers. You agree to keep your account information current and accurate, including a current mobile phone number, and that communications we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You further understand and agree that High Octane Rewards communications are separate from any other communications you may receive from our company based on your relationship with our company outside of High Octane Rewards, and that unsubscribing to communications requires doing so by each channel and entity separately.

Lost or Stolen Card / Compromised Account

Neither Alon Brands, Inc. nor the High Octane Rewards Program are responsible for lost, stolen or damaged cards. If your High Octane Rewards Card becomes lost or stolen, you should notify us immediately at (877) 749-1838 between the hours of 7:00 am and 7:00 pm Central Time, Monday through Friday, so that we can de-activate your account. A new card can be obtained at a participating location. If your account was registered, the accumulated, unredeemed Points at the time such card is rendered inactive will remain intact and will be re-assigned to your new card account after your new card/account is registered. If your account was unregistered, the accumulated, unredeemed Points at the time such card is rendered inactive will also be lost and unrecoverable. You should never share your passwords or PINs for your accounts with anyone as doing so can lead to access to your accounts without your permission. Should the security of your Account be compromised, you should re-set your Account password immediately. We are not responsible for any Points redeemed by a third party using a lost or stolen Card or by accessing your account by using a password or PIN that they, with or without your knowledge, gained through their association with you.

Discrepancies

If you believe there is a discrepancy with the number of accumulated Points in your Account, you must notify us and provide appropriate documentation (receipts, etc…) within sixty (30) days of the discrepancy date or it will be deemed correct. Any cause of action you may have with respect to your use of the High Octane Rewards Program must be commenced within six (6) months after the claim or cause of action arises.

Dispute Resolution and Binding Arbitration

BY PARTICIPATING IN THE HIGH OCTANE REWARDS PROGRAM YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO HIGH OCTANE REWARDS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

Indemnification

You hereby agree to indemnify, defend and hold harmless the High Octane Rewards Program, Alon Brands, Inc., and its parent, subsidiaries, and affiliated companies, advertising and promotional agencies, information providers, and licensors and licensees, and each of their respective shareholders, officers, directors, employees, representatives and agents (collectively, the “Indemnified Parties”) from and against any and all threatened or actual claims (including third party claims), demands, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs of litigation), personal or bodily injuries (including death or disability), or property claims, arising out of or in connection with the Program or any promotion or sweepstake, including but not limited to any claims arising from or relating to the acceptance, possession, loss, use or misuse of any card, coupon, Points or other benefit accumulated or earned through participation in the program, a promotion or sweepstake, regardless of cause; or your breach of these Terms and Conditions or the foregoing representations, warranties and covenants, your use of or access to High Octane Rewards or the Sites, and your violation of any law or the rights of any third party. Further, you agree to fully cooperate as reasonably required in the defense of any claim. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without our written consent.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HIGH OCTANE REWARDS PROGRAM, INCLUDING ALL SITES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION, ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WHERE AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND AS TO THE QUALITY, CONTENT, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE HIGH OCTANE REWARDS PROGRAM, INCLUDING ANY GOODS OR SERVICES OBTAINED THROUGH ITS USE, THE SITES OR ANY CONTENT THEREON. FURTHER, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONTENT OF THE HIGH OCTANE REWARDS PROGRAM OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THE WEBSITE OR FOR THE PRODUCTS AND/OR SERVICES AWARDED OR REDEEMED THROUGH THE PROGRAM. FURTHER, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE PROGRAM, THE SITES, AND ANY GOODS OR SERVICES OBTAINED THROUGH YOUR PARTICIPATION IN THE PROGRAM, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE HIGH OCTANE REWARDS PROGRAM, ALON OR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE HIGH OCTANE REWARDS PROGRAM, THE SITES, THESE TERMS AND CONDITIONS, OR YOUR USE OF, OR INABILITY TO ACCESS OR USE, HIGH OCTANE OR THE SITES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR ALON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO: (I) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE HIGH OCTANE REWARDS PROGRAM OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM REWARDS; (II) UNAUTHORIZED USE OF YOUR ACCOUNT, YOUR HIGH OCTANE REWARDS CARD OR ALTERNATE ID; (III) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE HIGH OCTANE REWARDS PROGRAM MADE BY ALON OR ANY OF THEIR SUPPLIERS, AFFILIATES OR ANY OTHER PERSON; OR (IV) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES WITHIN THE HIGH OCTANE REWARDS PROGRAM. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABIILTY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

ALON ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES BY USE OF THE HIGH OCTANE REWARDS PROGRAM OR THE WEBSITE. ALON AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE HIGH OCTANE REWARDS PROGRAM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, CONTENT AND ANY ERRORS CONTAINED THEREIN. ALON SHALL NOT BE LIABLE FOR ANY FAILURE OF THE HIGH OCTANE REWARDS PROGRAM, INCLUDING THE WEBSITE, WHICH RESULTS FROM ACTS OR EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL.

YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE HIGH OCTANE REWARDS PROGRAM AND YOUR ACCESS TO AND USE OF THE SITES OR ANY CONTENT IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING OUT OF THE USE OF THE HIGH OCTANE REWARDS PROGRAM OR SITES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS, OR INFORMATION SYSTEM, OR THE LOSS OF ANY INFORMATION OR DATA THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITES, OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE SITES, EITHER MATERIAL AND/OR DATA.

ALON MAKES NO WARRANTY THAT THE HIGH OCTANE REWARDS PROGRAM OR THE SITES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. THE SITES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE HIGH OCTANE REWARDS PROGRAM, THE SITES AND ASSOCIATED SERVICES AND COMMUNICATIONS, INCLUDING WITHOUT LIMITATION ADVERTISING CONTENT AND MESSAGES, ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. ALL HIGH OCTANE REWARDS CARDS ARE LICENSED TO ALON AND YOU HAVE NO OWNERSHIP INTEREST IN THE HIGH OCTANE REWARDS CARD.

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.

Governing Law

The Program is void where prohibited by law. All matters relating to the High Octane Rewards Program and these Terms and Conditions and any dispute or claim arising from or related to, shall be governed by and construed in accordance with the internal laws of the State of Tennessee, without regard to its or any other jurisdiction’s laws governing conflicts of laws. Any legal suit, action, claim or proceeding regarding or arising out of the Program shall be brought exclusively in a court of competent jurisdiction located in Davidson County, Tennessee, and participants expressly consent to and waive any objections to the personal jurisdiction of such courts and to venue in such courts.

Privacy Statement

The Program is subject to the Alon Brands, Inc. Privacy Policy (“Privacy Policy”) provided at www.HighOctaneRewards.com. Please read the Privacy Policy to understand how Alon Brands, Inc. and the High Octane Rewards Program collect, use and disclose information, including personally identifiable information, from its guests. By accessing or using the High Octane Rewards Program, you consent to all actions that we take with respect to your data that is consistent with our Privacy Policy.

Copyright Protection and Use of Company Information

The High Octane Rewards Program is protected by trademark for copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Alon Brands and High Octane Rewards Program names, logos and trademarks may not be used by you in any manner without the prior written consent of Alon. All High Octane Rewards cards are licensed to Alon Brands, Inc. and you acquire no ownership interest or property right thereto. No right, title or interest in any intellectual property, including but not limited to trademarks and copyrights, used by Alon Brands, Inc. or its parents, subsidiaries or affiliates in conjunction with the High Octane Rewards Card or Program is transferred to you except as expressly authorized in writing and signed by Alon Brands, Inc.

Prohibited Conduct

Your participation in High Octane Rewards is governed by Alon Brands, Inc. in our sole discretion. If we deem any behavior or conduct on your part violates any of these terms and conditions, or is fraudulent, deceptive, abusive, unauthorized, undesirable or unlawful, or is in any way to the detriment of us, our employees, partners or suppliers or the Program, we will immediately cancel your High Octane Rewards account and cause the forfeiture of all your remaining Points. Once an account is cancelled by us, it cannot be reactivated.

Miscellaneous

These Terms and Conditions, the Privacy Policy, and the Website Terms of Use, constitute the entire agreement with respect to your participation in High Octane Rewards. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

The provisions of these Terms and Conditions, the Privacy Policy and the Website Terms of Use shall inure to the benefit of and be binding upon Alon and its respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign these Terms and Conditions or your rights and obligations under these Terms and Conditions without the express written consent of Alon, which may be withheld in Alon’s sole discretion. Alon and its service providers may assign these Terms and Conditions and their respective rights and obligations under these Terms and Conditions without your consent. We reserve the right to impose volume limits on certain features and services, to restrict your access to parts or all of the Program without notice or liability, and to offer additional and/or different benefits to some members based on geographic location, participation in the Program, or other criteria determined by us. Our decisions in connection with this Program are final and binding.

If you have any questions, comments or concerns about the Program or these Program Terms and Conditions, you may contact us at the following address:

DK/ALON Brands
Attn: High Octane Rewards Marketing
12700 Park Central Drive
Suite 700
Dallas, TX 75251