These terms (“Rewards Terms”) govern your participation in the rewards program (“Rewards Program”) and describe how you may be eligible to, accrue, earn, redeem, and forfeit credit, perks, or other benefits (“Rewards”) conferred by Kick, Inc. (“Kick,” “we,” “our,” or “us) through participation in the Rewards Program. References to “Company” means a company, partnership, corporation or association that is applying for or has opened a “Kick Account” (as such term is defined under the Terms of Service) pursuant to the Terms of Service. References to “User” mean an individual authorized to use the Rewards Program on Company’s behalf. References to “you” mean Company and User. These Reward Terms supplement the Terms of Service, and the Rewards Program constitute a “Service” (as such term is defined under the Terms of Service). Accordingly, use of the Rewards Program is also governed by the Terms of Service. To the extent there is any conflict between the Rewards Terms and the Terms of Service, the provisions of the Rewards Terms shall control. By opening and maintaining a Kick Account in good standing, Company is automatically enrolled in the Rewards Program. You may only participate in the Rewards Program if you accept all of these Rewards Terms, our Privacy Policy, and our Terms of Service. You may opt out of this program at any time by contacting Kick at support@kick.app.
1. The Rewards Program
The purpose of the Rewards Program is to reward you for certain Qualifying Purchases (as defined below) and other activities. You may accrue Rewards when you make qualifying purchases (each, a “Qualifying Purchase”) using your Kick Business Debit Card. Qualifying Purchases include featured promotions and offers (“Offers” or “Drops”) through participating merchants (“Merchants”) accessed through links directly from featured Merchants or by shopping at Merchants we identify to you. For the current list of participating Merchants and Offers, please check the Kick mobile application (“Kick App”) or website (“Site”). Any Rewards will reflect the Qualifying Purchases you made that are included with the information reported to us by the Merchant. These Rewards may vary depending on whether the reported Qualifying Purchase is inclusive of tax, delivery charges, or other fees. Any Rewards will be pending until the Merchant confirms the Qualifying Purchase, which may take 30-60 days or more from the date of the purchase. We are not responsible if the Merchant fails to report your Qualifying Purchase to us. Merchants have their own rules upon which they determine transactions to be genuine and by which we are able to recognize a Qualifying Purchase. These rules are at the discretion of the Merchant. Although we will use reasonable efforts to determine whether a Qualifying Purchase has been completed with a Merchant, the decision of the Merchant is final. At any point, we reserve the right not to seek or pursue any Qualifying Purchase claims you may have. We may receive referral fees or other funds from Merchants for Qualifying Purchases; however, Rewards are offered solely by Kick subject to our Rewards Program and not offered by or provided through any Merchant. If you return, charge back, cancel, dispute, or otherwise request a refund for a Qualifying Purchase for which you have already received Kick Rewards, we reserve the right to remove any related Rewards amount from your connected bank account, or offset such amount from any future Rewards. If we choose to remove the amount from your connected bank account, you authorize us to instruct your bank to debit your connected bank account, regardless of whether this causes the connected account to have a negative balance or overdraft, and you agree to provide any documentation or authorizations required to ensure that any such Rewards amount is returned to us. All Offers made available to you are temporary and may become unavailable without notice. From time to time, an Offer featured on our Kick App or website may be incorrect or outdated. We take reasonable care to ensure that the data provided on the Kick App or website is accurate and up to date. However, we give no warranty of the accuracy of any information on the Kick App or website and do not accept liability for any errors or omissions, nor do we accept liability for any resulting damage or loss. Offers may appear differently on the Kick App versus the website. For the avoidance of doubt and notwithstanding any other provision of these Rewards Terms or any information provided on Kick or website, you agree that in all circumstances the provision of Rewards is at our sole discretion and we may cancel, change, suspend, modify any aspect of the Rewards Program for any reason and at any time, including the availability of any Reward. We may limit accrual and redemption of Rewards, including through caps, fees, and expiration. Additionally, not all Companies will accrue Rewards. Offer availability amounts may vary and fluctuate based on factors determined in our sole discretion, such as geographical location, transactional history with a particular Merchant, transactional trends, the number of followers a Company has on its connected social platform accounts, or its use of Kick “Services” (as such term is defined in the “Terms of Service”). To optimize the Rewards experience for Merchants, Companies, and Users, we retain the right to run occasional tests that will be limited in duration but may alter how we display and allocate Rewards. Certain transactions may be excluded from accruing Rewards, including cash withdrawals, transactions that are deemed fraudulent, disputed transactions or transactions subject to chargebacks, and certain other non-card payment transactions. We may determine that a transaction type, or particular transaction, is excluded from eligibility for Rewards accrual at any time.
2. Requirements and Eligibility for Participation To participate in the Rewards Program, your Kick Account must be continuously in good standing. If your Kick Account is not in good standing for any reason, or we determine in our sole discretion that you are misusing the Rewards Program or have otherwise violated our Terms of Service, you may be ineligible to earn Rewards, and you may forfeit any Rewards previously earned or accrued.
Certain Kick Accounts may not be eligible to participate in the Rewards Program. We may update or change eligibility criteria, restrictions, and requirements at any time. You may be disqualified from participating in the Rewards Program and your accrued Rewards may be forfeited if at any time: (a) any of your payments you owe to Kick are past due, (b) any prior payments were late, (c) you misuse the Rewards Program, (d) you engage in self-dealing (such as earning Rewards by paying for products or services provided by you, your affiliates, your beneficial owners, or other persons affiliated with you), or (e) you engage in other Prohibited Activities found in the Terms of Service.
3. Privacy
By participating in the Rewards Program, you consent to our collection, storage, use, and disclosure of your information as described in our Privacy Policy and this Section 3 of the Rewards Terms. In particular, you consent to us sharing your information with TPSPs for purposes of the Rewards Program. Kick will post the Rewards amount to your Kick account based on the information we receive from our TPSPs. Please review our Privacy Policy and contact us if you have any questions. • Notwithstanding anything to the contrary in these Rewards Terms or our Privacy Policy, we will use personal information, payment method and transaction information obtained in connection with the Rewards Program solely as follows: • To confirm a Qualifying Purchase or return to match transactions to confirm whether you qualify for an offer; To create a record of the transaction information and thereafter maintain and use data in connection with the Rewards Program; • To conduct analysis for the improvement and optimization of the Rewards Program; • To inform participating Merchants where a transaction occurred as needed for the Merchant to confirm a specific transaction occurred or rewards should be awarded; • To provide participating Merchants aggregated and anonymized information relating specifically to registered payment card activity solely to allow participating Merchants to assess the results of their campaign; • To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a Merchant; and • To enable the sharing, exchange and use of transaction information described above and herein by and among us, applicable TPSPs and applicable Merchants.
4. Taxes
All amounts paid to you hereunder are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Rewards Program. We are not responsible for determining whether you owe taxes in connection with your access to or use of the Rewards Program or for collecting, reporting, or remitting taxes arising from your access to or use of the Rewards Program, except for our own income taxes.
5. General Provisions
These Rewards Terms, including our Privacy Policy, constitute the entire agreement between you and us regarding the Rewards Program. We may, without prior notice or liability to you, discontinue the Rewards Program or modify the Rewards Program by adding or removing features or functionalities, even though such changes may affect Rewards awarded to you. We may also revise these Rewards Terms from time to time in our sole discretion, subject to applicable law. When we revise these Rewards Terms, we will update this document to reflect those changes and provide you with a revised version of these Rewards Terms through email prior to any revised version of the Rewards Terms going into effect. Except as otherwise expressly stated by us, your access to and use of the Rewards Program are subject to the version of these Rewards Terms in effect at the time of your access or use. In the event that our relationship with you terminates and the Terms of Service are no longer in effect, these Rewards Terms will immediately terminate. You are free to decide whether or not to accept a revised version of these Rewards Terms, but accepting these Rewards Terms, as revised, is required for your continued access to and use of the Rewards Program. If you do not agree to these Rewards Terms or any revised version of these Rewards Terms, you may opt out of the program by emailing support@kick.app. We reserve the right to terminate your participation in the Rewards Program at any time and for any reason, including for your violation of these Rewards terms, violation of the Terms of Service, violation of applicable law, misuse of your Kick Account, or misuse of any connected bank account. These Rewards Terms and any rights hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. No agency, joint venture, partnership, trust, or employment relationship is created between you and us by way of these Rewards Terms. You release Kick from all liability for your use of Rewards and for your participation in the Rewards Program. Separately, you release Kick from liability for third party claims in accordance with these Rewards Terms. We are not responsible if you access or use the Rewards Program in any manner that violates applicable law. You acknowledge and agree that the Rewards Program are protected by applicable copyright, trademark, and other intellectual property laws. All words and logos displayed in connection with the Rewards Program that are marked by the ™ or ® symbols are trademarks and service marks of Kick and/or their respective owners. The display of a third-party trademark in connection with the Rewards Program does not mean that we have any relationship with that third party or that such third party endorses the Rewards Program or Kick.
