I further agree that MasterCard may receive certain of the enrollment information I provide to enable MasterCard to identify my account to provide the transaction information described above to shopkick.
If I unlink my card account number(s) from my Kicks When You Buy profile, I understand shopkick will no longer request from MasterCard information relating to my MasterCard transactions, and MasterCard will no longer share such information upon request. I FURTHER UNDERSTAND THAT IF I UNINSTALL THE APPLICATION WITHOUT UNLINKING MY CARD ACCOUNT INFORMATION FROM MY PROFILE, SHOPKICK WILL CONTINUE TO RECEIVE MY MASTERCARD TRANSACTION DETAILS FOR THE LINKED CARD ACCOUNT(S) FOR A PERIOD OF UP TO ONE HUNDRED (100) DAYS.
The Kicks When You Buy Program
Kicks When You Buy is an enhanced program available to shopkick users. With Kicks When You Buy, you’ll have access to participating merchant offers and the opportunity to get kicks™ on certain qualifying purchases as determined by participating merchants. shopkick owns, operates and is responsible for Kicks When You Buy. MasterCard is helping shopkick provide Kicks When You Buy to you by conveniently tracking certain of your enrolled Eligible MasterCard Card transactions to help identify when you’ve made a qualifying purchase at a Kicks When You Buy participating merchant.
How it Works
Please see the shopkick Terms of Service to understand how Kicks When You Buy works, including what constitutes a qualifying purchase, when kicks points are rewarded, how returns are treated and other important information on Kicks When You Buy.
Use of Transaction Information
shopkick will use the transaction information provided by MasterCard solely in accordance with the terms of the cardholder consent. To view the cardholder consent, scroll to the top of this screen.
Eligible MasterCard Cards
Only MasterCard consumer and business credit and debit cards are eligible for Kicks When You Buy (each, an “Eligible MasterCard Card”)
Not All Transactions are Tracked
The only transactions that will be tracked for purposes of Kicks When You Buy are transactions (i) that are made with an enrolled Eligible MasterCard Card, (ii) that are originated in the United States; (iii) that are not PIN-based transactions; (iv) that do not occur on a nonreloadable prepaid or gift payment cards; and (v) where the switching is completed through the MasterCard Global Clearance and Processing System. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled Eligible MasterCard Card that is a debit card if you want to receive kicks for such purchase. You acknowledge that MasterCard may be unable to track every transaction made with your enrolled Eligible MasterCard Card, including purchases made outside of the United States, PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments of existing card balances, balance transfers, cash advances, ATM transactions, convenience checks, payments made for pre-paid and re-loadable cards such as certain gift cards, and similar cards, payments made for payment instruments that can readily be converted to cash (for example, travelers cheques, money orders, wire transfers, and similar products or services), and transactions that are not processed or submitted through the MasterCard Global Clearance and Processing System.
In order to enroll in and participate in Kicks When You Buy, you must first download the shopkick app and create a mobile phone verified shopkick account and then enroll (or “link”) at least one Eligible MasterCard Card. You must be the cardholder or an authorized user of the enrolled Eligible MasterCard Card. Only legal residents of the fifty (50) United States (including the District of Columbia) may enroll in Kicks When You Buy. Those residing outside of the foregoing jurisdiction are not permitted to enroll in Kicks When You Buy.
You agree to provide true, accurate and complete information about your Eligible MasterCard Card. If your enrolled Eligible MasterCard Card is lost, stolen or you receive a replacement card, you must immediately opt-out from Kicks When You Buy or update your enrolled Eligible MasterCard Card information immediately. You acknowledge and agree that neither shopkick nor MasterCard will have any liability associated with or arising from your failure to provide accurate enrollment information, including your failure to receive kicks and important information and updates about Kicks When You Buy. If MasterCard or shopkick has reasonable grounds to suspect that the information you provided is untrue, inaccurate or incomplete, your enrollment in Kicks When You Buy may be suspended or terminated.
In order to opt-out from Kicks When You Buy, please click the link within the shopkick app to unlink your Eligible MasterCard Card(s) from Kicks When You Buy. In addition, following sixty (60) days of app inactivity, shopkick will send you two email communications over a thirty-seven (37) day period. Your participation in Kicks When You Buy will be terminated by shopkick if you fail to respond to both of those email communications.
If you did not intend to opt-out or terminate your participation, you can re-enroll in Kicks When You Buy at any time.
MasterCard may continue to deliver to shopkick information about your transactions at participating merchants for up to 100 days during app inactivity (which includes uninstalling the app without unlinking your Eligible MasterCard Card(s) from Kicks When You Buy) for use solely as described above in the “Use of Transaction Information” section.
Push Messages and Text Messages
As part of Kicks When You Buy, you may receive push notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the shopkick app (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages as described in the shopkick Terms of Service. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. Neither shopkick nor MasterCard assume any liability or responsibility for your failure to receive any Push Messages. You acknowledge and agree that you have the right to opt in for these messages.
Changes to These Terms; Termination
The Kicks When You Buy Terms and Conditions may be changed at any time with or without further notice to you. You can always find the most recent version of the Kicks When You Buy Terms and Conditions through the shopkick app. Certain Kicks When You Buy features or offers may be subject to additional terms and conditions provided to you.
You acknowledge that any or all aspects of Kicks When You Buy may be suspended, modified or terminated, temporarily or permanently, at any time with or without notice to you. You agree that neither shopkick nor MasterCard shall be liable to you or to any third party for any suspension, modification or termination of Kicks When You Buy.
No Product or Merchant Endorsements
MasterCard does not endorse or sponsor, and is not responsible for: (a) the offers, goods or services displayed, purchased or paid for in connection with Kicks When You Buy; (b) honoring or fulfilling the offers provided to you through Kicks When You Buy; or (c) the merchants whose offers are provided in connection with Kicks When You Buy.
There are no licenses or other rights granted to you by MasterCard in connection with Kicks When You Buy. All rights associated with MasterCard’s role within Kicks When You Buy are owned by MasterCard or its licensors and protected under applicable copyrights, trademarks and other rights and international treaties. All rights not expressly granted to you are retained by MasterCard and its licensors.
No part of Kicks When You Buy may be reproduced in any form, stored or incorporated into any information retrieval system, electronic, mechanical or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer Kicks When You Buy or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of Kicks When You Buy and you may not take any action that imposes an unreasonable or disproportionately large burden on Kicks When You Buy, as determined by MasterCard in its sole discretion.
You agree that you will comply with all applicable laws, regulations and other legal requirements that relate to your participation in Kicks When You Buy. In addition, in participating in Kicks When You Buy, you agree:
DISCLAIMERS AND LIMITATION OF LIABILITY
KICKS WHEN YOU BUY, IN WHOLE AND IN PART, INCLUDING, WITHOUT LIMITATION, THE SERVICES MASTERCARD PROVIDES IN CONNECTION WITH KICKS WHEN YOU BUY, IS PROVIDED ON AN "AS IS" AND " AS AVAILABLE" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR PARTICIPATION IN KICKS WHEN YOU BUY AND THE RESULTS AND PERFORMANCE THEREOF. IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MASTERCARD AND ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS, VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, THE " MASTERCARD PARTIES") OR SHOPKICK, BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH KICKS WHEN YOU BUY, EVEN IF A MASTERCARD PARTY OR SHOPKICK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER THE MASTERCARD PARTIES NOR SHOPKICK SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) YOUR USE OF OR INABILITY TO USE KICKS WHEN YOU BUY; (B) ANY GOODS, SERVICES OR INFORMATION PURCHASED, RECEIVED, SOLD OR PAID FOR IN CONNECTION WITH KICKS WHEN YOU BUY; (C) THE ACTS OR OMISSIONS OF SHOPKICK; (D) ANY PROBLEMS OR DISPUTES BETWEEN YOU AND A MERCHANT; (E) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN ANY INFORMATION PROVIDED THROUGH KICKS WHEN YOU BUY; (F) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH KICKS WHEN YOU BUY; (G) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (H) ANY OTHER USE BY YOU OF KICKS WHEN YOU BUY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE MASTERCARD PARTIES' OR SHOPKICK’SCUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PARTICIPATE IN KICKS WHEN YOU BUY. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THE KICKS WHEN YOU BUY TERMS AND CONDITIONS SHALL BE TO OPT-OUT FROM KICKS WHEN YOU BUY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE MASTERCARD PARTIES’ AND SHOPKICK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
MasterCard or shopkick’s failure to exercise or enforce any provision or right contained in the Kicks When You Buy Terms and Conditions shall not be deemed a waiver of such provision or right. The Kicks When You Buy Terms and Conditions constitute the entire agreement among MasterCard, shopkick and you with respect to your participation in Kicks When You Buy. The Kicks When You Buy Terms and Conditions do not amend or otherwise modify the card agreement with the issuer of your enrolled Eligible MasterCard Card. In the event of any inconsistency between the Kicks When You Buy Terms and Conditions and your card agreement, the Kicks When You Buy Terms and Conditions will govern as to the relationship between you and MasterCard solely with respect to Kicks When You Buy and your card agreement governs as to the relationship between you and the issuer of your Eligible MasterCard Card. In the event of any inconsistency between the Kicks When You Buy Terms and Conditions and the shopkick Terms of Service, the Kicks When You Buy Terms and Conditions will govern as to the relationship between you and MasterCard with respect to Kicks When You Buy. If any provision of the Kicks When You Buy Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from the Kicks When You Buy Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. MasterCard reserves the right to freely assign the Kicks When You Buy Terms and Conditions, and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, the Kicks When You Buy Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns. To the fullest extent permitted by law, you MasterCard, and shopkick agree that: (a) any and all disputes, claims and causes of action arising out of or in connection with Kicks When You Buy will be governed by and construed under the laws of the State of New York, excluding only its conflict of law provisions; (b) any and all disputes, claims and causes of action arising out of or in connection with Kicks When You Buy shall be resolved individually, without resort to any form of class action, exclusively within the federal and state courts residing within New York County, State of New York, U.S.A., and you and MasterCard each waive any jurisdictional venue or inconvenient forum objections to such courts; (c) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with Kicks When You Buy, but in no event will attorneys' fees be due or payable; and (d) under no circumstances will either party be permitted to obtain awards for, and each party hereby waives, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
If you have any questions regarding Kicks When You Buy, please contact shopkick customer service at email@example.com.
Last updated: June 6, 2012.