Top-Off Rewards™ Terms and Conditions
Effective as of March 24th, 2021
1. Top-Off Rewards™ Program
These Top-Off Rewards™ Terms and Conditions are required by Core-Mark International, Inc. and are applicable to certain programs or offers in which you may elect to participate as part of the Top-Off Rewards Program ( the “Terms and Conditions”). These Terms and Conditions govern the terms and conditions on which an individual (“you”) may participate in the Top-Off Rewards program (“Top-Off Rewards Program”). The Top-Off Rewards Program is owned and operated by Core-Mark International, Inc. (“Core-Mark”, “us”, “our”, “we”). ARTICLE XXVIII OF THESE TERMS AND CONDITIONS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND ARTICLE XV LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
In connection with the Top-Off Rewards Program, Core-Mark operates the website, topoffrewards.com, and a Top-Off Rewards mobile application and mobile website (the website, app, and mobile site are collectively referred to as the “Top-Off Rewards Site”).
BY ENROLLING IN THE TOP-OFF REWARDS PROGRAM, USING THE TOP-OFF REWARDS SITE AND/OR CORE-MARK’S SERVICES OFFERED THROUGH THE TOP-OFF REWARDS SITE, PARTICIPATING IN THE TOP-OFF REWARDS PROGRAM, OR BY CLICKING ON THE “I AGREE TO THE TERMS AND CONDITIONS” ACKNOWLEDGEMENT, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS.
If you do not consent to these Terms and Conditions, please do not access, browse, or use the Top-Off Rewards Site, participate in the Top-Off Rewards Program, use the services offered through the Top-Off Rewards Program or the Top-Off Rewards Site or provide information to us.
Please see our Privacy Policy for information on our use and disclosure of personal information that may be collected by Core-Mark. The Privacy Policy provides more information about how Core-Mark may use your personal information and explains that Core-Mark may share your personal information with its affiliates, licensors, service provides, vendors, and other third-parties involved in the administration of the Top-Off Rewards Program. The Privacy Policy is incorporated herein by reference. We reserve the right to modify our Privacy Policy from time to time.
Please review any additional terms and conditions that are provided by participating convenience stores and fuel stations that issue and/or fund Rewards (“Issuing Participants”) and participating fuel stations and convenience stores that accept redeemed Rewards (“Redeeming Participants”) in the Top-Off Rewards Program (“Additional Terms and Conditions”). Subject to and without limiting the terms and conditions hereunder, you agree to comply with such Additional Terms and Conditions, and your participation in and use of the Top-Off Rewards Program is subject to such Additional Terms and Conditions. The Additional Terms and Conditions for Issuing/ Redeeming Participants can be obtained through one or more of the following means: by visiting the Issuing/Redeeming Participant’s website; by calling the telephone number found at the Issuing/Redeeming Participant’s website; by visiting the customer support counter at the Issuing/Redeeming Participant’s location; or by contacting the Issuing/Redeeming Participant’s customer support department.
2. Changes to Terms and Conditions
We reserve the right to update or make changes to these Terms and Conditions from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of these Terms and Conditions on the Top-Off Rewards Site. You can determine when these Terms and Conditions were last revised by referring to the “Last Updated” legend at the top of these Terms and Conditions. Your access to or use of the Top-Off Rewards Site following changes to these Terms and Conditions will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to these Terms and Conditions shall not apply to any dispute between you and Core-Mark arising prior to the date on which Core-Mark posted the revised version of these Terms and Conditions incorporating such changes or otherwise notified you of such changes.
3. Participation in the Top-Off Rewards™ Program and Expiration of Rewards
When you enroll in the Top-Off Rewards Program as a member (“Member”) you are able to collect cents-per-gallon discounts on fuel as well as discounts that may be used to purchase qualified merchandise from Redeeming Participants (the fuel and merchandise discounts are collectively, the “Rewards”). Members may collect Rewards by, among other things, purchasing fuel and other qualified products at participating Redeeming Participants. To enroll, you must meet the terms for participation established by us to obtain a Top-Off Rewards Member identification number and virtual program card (collectively, the “Member ID”). There is no membership fee to become a Member. The Top-Off Rewards Program is only open to natural persons residing in the United States who are 18 years or older.
4. Your Account
Once your Member ID is activated using the Top-Off Rewards Site and you have provided us with a valid e-mail address, we will establish an account in your name (“Account”). We may refuse to grant to you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You agree to provide us with, and keep up-to-date, accurate, truthful and complete account information (including, but not limited to your e-mail address). You may only collect Rewards in one Account. Your Account is non-transferable and may not be sold, combined or otherwise shared with another person, except as provided in this paragraph. If you violate these Terms and Conditions, commit fraud or falsify information in connection with your use of the Top-Off Rewards Program or the Top-Off Rewards Site, or take any other act which we feel is detrimental to Core-Mark or the Top-Off Rewards Program in our sole discretion, we may terminate your Account, and you will forfeit any pending, current, or future Rewards. You may elect to close your Account at any time by notifying Core-Mark. Upon closure of your Account, any rights to redeem Rewards from that Account are lost.
5. Earning Rewards; Expiration of Rewards
You can earn Rewards in the Top-Off Rewards Program by purchasing fuel or qualified products at locations of Issuing Participants in the Top-Off Rewards Program. Our Top-Off Rewards Program entitles you to earn Rewards only from Issuing Participants in the United States. Specific offers, terms and conditions and expiration details for how to earn Rewards are described on the Top-Off Rewards Site or in material provided in connection with a limited-time promotion or offer. In order to be eligible to earn Rewards, you must identify yourself as a Member by presenting your Member ID when dealing with Issuing Participants.
Rewards that you accrue as a result of your transactions with Issuing Participants will be posted to your Account, and a summary of activity in your Account will be displayed on the Top-Off Rewards Site. Rewards will normally be posted to your Account within 24 hours from the date of your purchase from an Issuing Participant, but may be posted to your Account at a later time depending on the Issuing Participant or the applicable offer. We do not assume any liability for the failure of Rewards to post to your Account in a timely manner. Rewards earned as a result of transactions with Issuing Participants expire in accordance with the terms of the applicable offer. Rewards expire two (2) months after the last day of the month in which the Rewards were earned. For example, if you made a qualifying purchase on March 18th, your Rewards earned on that qualifying purchase will expire on May 31st of that same year.
You are solely responsible for checking your Account regularly to ensure that your Rewards are properly credited. If you believe that proper credit does not appear on your Account, you should contact us via the Top-Off Rewards Site and then provide any requested documentation to verify your purchase. We reserve the right to determine, in our sole and absolute discretion, whether Rewards should have been posted to your Account and to adjust your Account accordingly. You acknowledge that any such determination by us will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT REWARDS HAVE BEEN PROPERLY CREDITED TO YOUR ACCOUNT, YOUR SOLE REMEDY IS TO WITHDRAW FROM THE TOP-OFF REWARDS PROGRAM.
We will credit your Account with only those Rewards you earn by dealing with Issuing Participants in good standing with us and may require Issuing Participant authorization to do so. We are not responsible if an Issuing Participant delays or fails to make such an authorization or for any other delay in recording Rewards in your Account.
We are not responsible if an Issuing Participant delays or fails to make adjustments to your Account regarding a disputed Reward or for any other delay in recording Rewards in your Account. We may refuse to record or honor Rewards in your Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded Rewards if the Issuing Participant does not pay the amounts owed to us or tells us to cancel the Rewards (for example, because you returned or did not pay for products or services for which the Rewards were issued). Issuing Participants will determine the conditions under which they will permit you to earn Rewards and may change those conditions at any time and without notice. Neither we nor any Issuing Participant is responsible for any offer or Reward which is no longer in effect. Core-Mark is not responsible for changes to, or discontinuance of, any special offer, promotion, or Top-Off Rewards Program Rewards code offered by an Issuing Participant. Core-Mark is not responsible for changes to, or discontinuance of, any Issuing Participant or Redeeming Participant, or for any Issuing Participant or Redeeming Participant withdrawing from the Top-Off Rewards Program, or for any effect on accrual of Rewards, or ability to redeem Rewards, caused by such changes, discontinuance, or withdrawal.
If you believe that any Account summary showing the number of Rewards in your Account is in error or have a dispute regarding Rewards, you must notify us at support_topoffrewards@
Member IDs and all rights relating to them are and will remain the property of Core-Mark or the applicable Issuing Participant. You may not offer for sale, sell, exchange, give, charge or otherwise dispose of any Reward. You are responsible for all taxes payable due to your participation in the Top-Off Rewards Program.
6. Adjustments
In the case of any failure by you to follow these Terms and Conditions or any other terms or conditions applicable to programs or offers in which you may elect to participate as part the Top-Off Rewards Program (including any terms and conditions of any Issuing Participant or Redeeming Participant), or any other fraud, misrepresentation, or abuse related to the Top-Off Rewards Program, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding Rewards have been credited, as determined by us in our sole discretion, we and the Issuing Participants reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your Rewards earned through the Top-Off Rewards Program may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you receive upon redemption of Rewards that are subsequently deducted from your Account. You give Core-Mark permission to review your Account with Issuing Participants and Redeeming Participants in cases where Core-Mark suspects fraudulent activity.
7. Redemption of Rewards
To redeem Rewards, you must present your Member ID when purchasing fuel at Redeeming Participants. Your Reward will automatically be applied to the transaction either by reducing the per-gallon price of the fuel by the amount of the Rewards you have earned prior to dispensing fuel or by applying the appropriate Reward amount to the total transaction (where this feature is available) after dispensing fuel once your Reward balance is transmitted to the Redeeming Participant. For fuel purchases, fuel savings are limited to twenty (20) gallons of fuel per purchase per vehicle or fraud limits placed by the Redeeming Participant and/or limits placed on your payment card by your financial institution, whichever may be lower. Due to the technical capabilities at the pump, there may be a minimum charge per gallon of fuel purchased ranging from .010 to .109 dollars (i.e., 1 to 10.9 cents per gallon) regardless of redeemable Top-Off Rewards savings available. For purchases of $75 or more, you may be required to go inside to pay. Unbranded diesel and alternative fuels may not be eligible.
Once you begin to dispense fuel using a Reward, you must dispense to the gallon limit or you forfeit any remaining Reward balance, except in the case of a carry-over transaction as described below. For example, if you only pump fifteen (15) gallons of fuel, when the gallon limit was twenty (20) gallons, you would abandon the remaining five (5) gallons worth of Reward balance.
If you have a Reward balance greater than the current per-gallon price of fuel, the price will roll down to the maximum capability of the fuel equipment, and your remaining Reward balance will be saved for a future fuel purchase. For example, if you have a $3.00 per gallon Reward, the price of fuel is $2.50 and the fuel equipment has a minimum required price per gallon of 10¢, you could redeem $2.50 and retain a 50¢ per gallon Reward (the $3.00 per gallon Reward minus the $2.50 actually redeemed). You would be responsible for paying the minimum required price per gallon of 10¢. In the event of a carry-over transaction, the Rewards are extinguished based on the order in which they were issued, with the oldest being extinguished first, and the carry over rewards are subject to their original expiration limits.
If paying using multiple forms of tender (i.e., gift card and credit card or cash, multiple credit cards), please go inside to pay in order to redeem the full value of the Top-Off Rewards savings.
Rewards earned through the Top-Off Rewards Program can only be redeemed at gas stations that are participating in the Top-Off Rewards Program. Rewards earned through the Top-Off Rewards Program cannot be combined with rewards earned through separate loyalty programs.
Specific offers, terms and conditions and expiration details relating to how to redeem Rewards for a particular offer or promotion are described at the Top-Off Rewards Site or in material provided in connection with a promotion or offer.
Any information provided about fuel prices through the Top-Off Rewards Site is made available to you on an “AS-IS” basis, without any guarantee or representation by Core-Mark as to the accuracy of such prices. Core-Mark disclaims all warranties of any kind, express or implied, as to the accuracy of the posted fuel prices and such posted prices shall not be deemed an offer to you. The fuel prices charged to you will always be determined at the time and location of the sale.
8. Disclaimers
THE TOP-OFF REWARDS PROGRAM IS VOID WHERE PROHIBITED. NO REWARD MAY BE REDEEMED UNTIL IT HAS BEEN CREDITED TO THE MEMBER’S ACCOUNT. REWARDS HAVE NO CASH, MONETARY OR OTHER VALUE, CANNOT BE CONVERTED INTO ANY CURRENCY OR SOLD, CANNOT BE APPLIED AS CREDIT TO ANY PAYMENT CARD STATEMENT, AND MAY BE CANCELED AT ANY TIME. SPECIFIC REWARDS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS OR OFFERS ESTABLISHED BY US OR AN ISSUING PARTICIPANT. Transactions upon which Rewards are earned or redeemed are made directly with an Issuing Participant or Redeeming Participant, and Core-Mark has no responsibility for the design, delivery, use, standard, quality or otherwise of any goods or services sold by Issuing Participants or Redeeming Participants through the use of the Top-Off Rewards Program. These transactions and all Rewards are subject to all applicable legal rules and the terms and conditions set by the Issuing Participants and Redeeming Participants.
THE INFORMATION, PRODUCTS AND SERVICES PROVIDED AS PART OF THE TOP-OFF REWARDS PROGRAM AND ON THE TOP-OFF REWARDS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. NEITHER CORE-MARK NOR ANY LICENSOR, VENDOR, ISSUING PARTICIPANT, OR REDEEMING PARTICIPANT WARRANTS THE INFORMATION OR SERVICES PROVIDED AS PART OF THE TOP-OFF REWARDS PROGRAM OR YOUR USE OF THE TOP-OFF REWARDS SITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE, AND EACH OF THE FOREGOING PARTIES EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CORE-MARK NOR ANY ISSUING PARTICIPANT, OR REDEEMING PARTICIPANT WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULT OR COULD RESULT FROM INTERCEPTION BY ANY THIRD PARTY OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE TOP-OFF REWARDS SITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE TOP-OFF REWARDS SITE IS OBTAINED OR COMPILED FROM SOURCES WE REASONABLY BELIEVE TO BE RELIABLE, NEITHER CORE-MARK NOR ANY LICENSOR, VENDOR, ISSUING PARTICIPANT, OR REDEEMING PARTICIPANT GUARANTEES THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER CORE-MARK NOR ANY LICENSOR, VENDOR, ISSUING PARTICIPANT, OR REDEEMING PARTICIPANT SHALL BE LIABLE FOR ANY FAILURE OF THE TOP-OFF REWARDS PROGRAM OR THE TOP-OFF REWARDS SITE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF CORE-MARK OR SUCH ISSUING PARTICIPANT OR REDEEMING PARTICIPANT, AS APPLICABLE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS PROVIDED HEREIN MAY NOT APPLY TO YOU.
9. Member Obligations
You must provide and maintain current, complete and accurate information in connection with your Account. You agree that you will not, and will not permit others to: (i) provide any purposely inaccurate information (including a false e-mail address), or commit fraud or falsify information in connection with your Top-Off Rewards Account; (ii) provide any unauthorized third party with access to the Top-Off Rewards Program or any information, offers, data, text, photographs, links, images, software, chat, communications, interactive features and other content generated, provided or otherwise made available through the Internet and proprietary to Core-Mark by any means; (iii) modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the Top-Off Rewards Program ; (iv) engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Top-Off Rewards Program ; (v) introduce into the Top-Off Rewards Site any code intended to disrupt the Top-Off Rewards Program or Top-Off Rewards Site, alter or delete its content, access confidential content on the Top-Off Rewards Site or interfere with the operation of the Top-Off Rewards Program , including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (vi) attempt to access any data not intended for you or attempt to scan or test the security or configuration of the Top-Off Rewards Site or to breach security or authentication measures without proper authorization; (vii) post any material in any form whatsoever on the Top-Off Rewards Site or within the Top-Off Rewards Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; or (viii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Top-Off Rewards Program or the Top-Off Rewards Site; (ix) use fictitious Top-Off Rewards Program Rewards Codes or otherwise fraudulently obtain Rewards, or (x) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Top-Off Rewards Program or the Top-Off Rewards Site.
You may post reviews, comments, photos, and other content; and make other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is in compliance with the rules and conventions for postings not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, advertising, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, create an account for anyone other than yourself without permission, use an e-mail address that is subject to any rights of a person other than you without appropriate authorization, use an e-mail address that is a name that is offensive, vulgar or obscene, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you do post content or submit information or material to the Top-Off Rewards Site, Linked Sites (as defined below), through social media accounts administered by Core-Mark, through email directed to us, through blogs, or through other communications, and unless we indicate otherwise, you grant to Core-Mark a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise fully exploit (including without limitation, for purposes of promoting Core-Mark, the Issuing Participants and the Redeeming Participants, and promoting and redistributing part or all of the Top-Off Rewards Program ) such content, information and material, with or without the name that you submit in connection with such content, information or material, throughout the world in any media now known or later developed. You represent and warrant that you own or otherwise control all of the rights to the content, information and material that you post; that such content, information and material is accurate; that use of such content, information and material does not violate these Terms and Conditions or the rights of any third party, and will not cause injury to any person or entity.
Core-Mark has the right but not the obligation to monitor and edit or remove any activity or content. Core-Mark takes no responsibility and assumes no liability for any content posted by you or any third party.
10. Ownership and Trademarks
Core-Mark, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications trademarks, trademark registrations, service marks, trademark registration applications, tradenames, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) in the Top-Off Rewards Program and on the Top-Off Rewards Site. Core-Mark may enforce all rights to the full extent of the law.
You are hereby granted a personal, non-exclusive, non-transferable, limited license to: (i) use the Top-Off Rewards mobile application on your mobile devices for your personal, non-commercial use only; and (ii) view the web-based portions of the Top-Off Rewards Site you’re your personal, non-commercial use only. You may not obscure or remove any copyright or other notices on the materials you access. Without the prior written consent of Core-Mark, you are strictly prohibited from, including, without limitation, modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directories, databases, listing or software obtained from the Top-Off Rewards Program or the Top-Off Rewards Site. Systematic retrieval of content from the Top-Off Rewards Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Top-Off Rewards Site without written permission from Core-Mark is strictly prohibited.
Nothing in the Top-Off Rewards Program or on the Top-Off Rewards Site shall be interpreted as granting any license or right to use any image, trademark, logo or service mark in the Top-Off Rewards Program or on the Top-Off Rewards Site. Unless otherwise specified, the Top-Off Rewards Site is for your personal and non-commercial use only and you may print, copy and download any information or portion of the Top-Off Rewards Site for your personal use only. Copying or downloading material from the Top-Off Rewards Site does not transfer title to any material on the Top-Off Rewards Site to you. If you copy or download any information or software from the Top-Off Rewards Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Core-Mark or such third party, which may own the marks. You will not upload, post or otherwise make available on the Top-Off Rewards Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
You recognize the value of the goodwill associated with the Top-Off Rewards Program and acknowledge that the Top-Off Rewards Program and the Top-Off Rewards Site and all rights therein and goodwill pertaining thereto belong exclusively to Core-Mark. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in the Top-Off Rewards Program or thereafter: (i) attack the title or any rights of Core-Mark in or related to the copyright, trademarks, patents and other intellectual property in the Top-Off Rewards Program and/or the Top-Off Rewards Site; (ii) do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, patents, and other intellectual property in the Top-Off Rewards Program and/or the Top-Off Rewards Site; (iii) claim (adversely to Core-Mark or anyone claiming rights through Core-Mark) any right, title or interest in or to the copyright, trademarks, patents, and other intellectual property in the Top-Off Rewards Program and/or the Top-Off Rewards Site; (iv) misuse or harm the copyright, trademarks, and other intellectual property in the Top-Off Rewards Program and/or the Top-Off Rewards Site or bring the Top-Off Rewards Program into disrepute; (v) for your benefit, directly or indirectly, register or apply for registration of Core-Mark’s trademarks or any mark which is, in Core-Mark’ reasonable opinion, the same as or confusingly similar to any of Core-Mark’ trademarks; (vi) for its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in Core-Mark’ reasonable opinion, the same as, confusingly similar to or incorporates any of the Core-Mark trademarks, and/or (vii) engage in behavior we deem to be abusive to us, our employees, or to the Top-Off Rewards Program.
11. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Top-Off Rewards Site infringe your copyright, you (or your agent) may send to Core-Mark a notice requesting that Core-Mark remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Core-Mark a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA, found here. Notices and counter-notices should be sent to:
Core-Mark International, Inc.
Attn: Program Manager Loyalty & Software Solutions
500 Solana Boulevard, Suite 3400
Westlake, Texas 76262
Email: support_topoffrewards@
12. Communications
We may send you certain Top-Off Rewards Program information that can include periodic statements of your Account and other information necessary for administration; promotional communications which will inform you of special offers and products we believe would be of interest to you; and promotional communications from third parties, including the Issuing Participants and Redeeming Participants, that have a relationship with the Top-Off Rewards Program. As a member in the Top-Off Rewards Program, you may have consented to receive all of the kinds of information described above. If, at any time, you wish to no longer receive promotional communications relating to the Top-Off Rewards Program, you may opt out of the receipt of such promotional communications by clicking on the opt-out link provided at the bottom of each e-mail or by contacting our helpdesk at support_topoffrewards@
Requests to be unsubscribed or to opt out of promotional communications will be processed promptly, however, you may be included in the selection for additional promotional communications for a short period of time after you make your request. We reserve the right to send out certain communications, including by email and/or regular mail, relating to membership information, and administrative messages that are considered part of your Account, without offering you the opportunity to opt out of receiving them. Core-Mark is not responsible and shall have no liability for any promotional or other communications sent to you by Issuing Participants or Redeeming Participants.
13. Collection and Use of Personal Information
You acknowledge that in order to operate the Top-Off Rewards Program, we will collect information about you, your participation in the Top-Off Rewards Program, and your purchases from Issuing Participants and Redeeming Participants. You expressly authorize Issuing Participants and Redeeming Participants and their respective agents to disclose to us any and all information with respect to your purchases from them, including but not limited to information regarding your fuel and product purchases, the time and date the purchase occurred, and the email or other information entered by you for the purchase. YOU AGREE TO RELEASE US FROM ANY LIABILITY RELATED TO AND HOLD US HARMLESS FOR ANY INFORMATION SO DISCLOSED TO US.
In addition to any rights of use and disclosure we may have as provided herein or in our Privacy Policy, you authorize us to use any such information and to disclose such information (i) to our representatives and agents in order to administer the Top-Off Rewards Program, (ii) to third parties, where necessary or convenient for transfer or redemption of your accumulated Rewards or otherwise in connection with the Top-Off Rewards Program, (iii) to Issuing Participants and Redeeming Participants who are investigating potential fraud or abuse; and (iv) otherwise in accordance with the terms of the Privacy Policy – Core-Mark (core-mark.com).
14. Discontinuation or Suspension of Use
We may, in our sole discretion, at any time and without prior notice: (i) discontinue transmitting all or any part of the content related to the Top-Off Rewards Program; (ii) change, discontinue, or limit access to the Top-Off Rewards Program or any participant, Reward, functionality, feature, or other component of the Top-Off Rewards Program; or (iii) suspend or terminate your use of or access to the Top-Off Rewards Program or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.
15. Limitation of Liability
NEITHER WE, OUR AFFILIATES, OUR LICENSORS, OUR VENDORS, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES, JOINT VENTURES, REPRESENTATIVES OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS ARISING OUT OF OR RELATED TO THE TOP-OFF REWARDS SITE, THE TOP-OFF REWARDS PROGRAM OR YOUR PARTICIPATION IN THE TOP-OFF REWARDS PROGRAM, INCLUDING WITHOUT LIMITATION: (I) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE TOP-OFF REWARDS PROGRAM OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM REWARDS; (II) UNAUTHORIZED USE OF YOUR ACCOUNT, YOUR MEMBER ID OR PIN; (III) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE TOP-OFF REWARDS PROGRAM MADE BY AN ISSUING PARTICIPANT OR REDEEMING PARTICIPANT OR ANY OF THEIR SUPPLIERS, OR ANY OTHER PERSON; OR (IV) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF ISSUING PARTICIPANTS OR REDEEMING PARTICIPANTS. THIS APPLIES EVEN IF WE, OUR AFFILIATES, LICENSORS, VENDORS, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS, OR OUR OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY, AND THE MAXIMUM LIABILITY OF OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS AND DIRECTORS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE FIFTY DOLLARS ($50.00). CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE LIMITATIONS AND EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
16. Indemnification
You agree to indemnify, defend, and hold Core-Mark and its affiliates, licensors, vendors, the Issuing Participants, and the Redeeming Participants (and its and their officers, directors, employees, parent companies, affiliates, joint ventures, representatives and agents) harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to any actual or alleged breach by you of these Terms and Conditions, including without limitation attorneys’ fees and costs. For those matters subject to indemnification by you in which neither Core-Mark nor any of its affiliates is a party, any applicable indemnified Issuing Participant or Redeeming Participant may provide input into the defense of such matters, at their own expense. You further agree to cooperate as requested by Core-Mark in the defense of any indemnified claim. You shall not in any event settle any indemnified claim without the prior written consent of Core-Mark. Without limiting any obligation to indemnify and hold harmless, with respect to your obligation to defend, Core-Mark reserves the right, at its own discretion and expense, to assume the exclusive defense (including exclusive control) of any matter that is subject to indemnification by you.
17. Release
By participating in the Top-Off Rewards Program, you release Core-Mark and its affiliates, licensors, vendors, and the Issuing Participants, and Redeeming Participants from any injury or harm that may arise from participation in the Top-Off Rewards Program. You may find content to be offensive, harmful or inaccurate. You agree to look solely to the original posting party for any claims you may have regarding their information. If you have a dispute with one or more users, you release Core-Mark, its Licensors, Vendors, the Issuing Participants, and the Redeeming Participants (and its and their officers, directors, employees, affiliates, parent companies, joint ventures, representatives and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
California Civil Code Waiver. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
18. Termination, Changes and Breach
We may change, cancel, suspend, or discontinue any aspect of the Top-Off Rewards Program, the Rewards, the Issuing Participants and Redeeming Participants, the issuance and redemption procedures and restrictions, or the type of rewards or discounts offered, all without notice or liability even if the changes affect the value of Rewards already accumulated. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. We may also impose limits on features and services or restrict your access to parts or the entire Top-Off Rewards Program without notice or liability.
For example, but without limitation, we may add, delete, or change Issuing Participants, Redeeming Participants, time limits for collection, redemption, or use of Rewards; redemption conditions or procedures; or the value of purchases required for particular Rewards. If no Rewards are recorded in your Account for 24 months, or if you commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your Top-Off Rewards Program privileges or act in any other way to the detriment of us, our Issuing Participants, Redeeming Participants, or the Top-Off Rewards Program, we may, without affecting our other rights, terminate your Account, and/or cancel your Rewards and disclose appropriate information requested by proper authorities. If a Reward expires or is cancelled for any reason, it becomes void without compensation. You may elect to close your Account, terminate your participation in the Top-Off Rewards Program, and not use our products and services or the products and services or the Issuing Participants or Redeeming Participants at any time in your sole discretion.
19. License and Top-Off Rewards Site Access
Core-Mark grants you a limited license to access and make personal use of the Top-Off Rewards Site. This license does not include any resale or commercial use of the Top-Off Rewards Site or its contents. The Top-Off Rewards Site or any portion of the Top-Off Rewards Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes without the express written consent of Core-Mark.
20. Availability of the Top-Off Rewards Site
CORE-MARK CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE TOP-OFF REWARDS SITE. You acknowledge that there may be interruptions in service or events that are beyond our control. The Top-Off Rewards Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. We retain the right at our sole discretion to deny service or access to the Top-Off Rewards Site to anyone at any time and for any reason.
21. Security of the Top-Off Rewards Site
Certain parts of the Top-Off Rewards Site will be password protected and accessible only to users with valid usernames and passwords. Only you are authorized to use your password. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You will maintain the confidentiality of your Member ID and passwords by which you access the Top-Off Rewards Program and the Top-Off Rewards Site, and will allow access to the Top-Off Rewards Program and the Top-Off Rewards Site only by authorized persons, and not by any program, expert system, electronic agent, “bot”, or other automated means. You acknowledge that neither Core-Mark nor any third party will contact you to solicit your Member ID or password. Therefore, you should not provide your Member ID or password to any person whom you do not authorize to use your Account. Any use of your assigned Member ID or passwords will be deemed to be your use. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else’s Account, username, or password without that person’s permission. When creating your Account, you must provide accurate and complete information. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT CORE-MARK HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. If there is a breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your Member ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Top-Off Rewards Program and the Top-Off Rewards Site that would damage, interfere with, or unreasonably overload the Top-Off Rewards Program and the Top-Off Rewards Site.
22. Linked Internet websites and other platforms
The Top-Off Rewards Site provides hyperlinks, which are highlighted words or pictures within a hypertext document that, when clicked, take you to other websites not controlled by us (“Linked Sites”). These Linked Sites may contain terms and conditions and privacy provisions that are different from those provided herein. In addition, if you use a social media platform or your mobile device or other method of communication to interact with Core-Mark or the Top-Off Rewards Site, these applications also have terms and conditions and privacy provisions that governs the use of personal information related to that application. We are not responsible for the collection, use, or disclosure of information collected through Linked Sites, social media platforms, mobile devices or other methods of communication and we expressly disclaim any and all liabilities related to such collection, use, or disclosure.
23. General
These Terms and Conditions constitute the entire agreement between you and us regarding your participation in the Top-Off Rewards Program, your entitlement to collect and redeem Rewards, and your entitlement to any other benefits of the Top-Off Rewards Program, and supersede all previous versions. Except as expressly provided herein, Core-Mark and any applicable third parties reserve all rights with respect to the Top-Off Rewards Program and the Top-Off Rewards Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies and notify your Internet Service Provider of any fraudulent activity we associate with your use of the Top-Off Rewards Site) in the event of any violations. Core-Mark may enforce these Terms and Conditions to the full extent of the law. When you deal with us over the Internet or via the Top-Off Rewards mobile application, you consent to the formation of contractual relations through electronic communications. We are the final authority as to any questions or disputes regarding the Top-Off Rewards Program or any Reward. We will not be deemed to have waived any of our rights even if we redeem Rewards when not required. All materials and any notices from us will be sent to your address as in our records; please notify us if your address changes.
The Top-Off Rewards Program and all rules and Terms and Conditions related to the Top-Off Rewards Program are governed by the laws of Texas. If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions. No waiver by either Core-Mark or you of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms and Conditions. The section headings used herein are for convenience only and shall be of no legal force or effect. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction. These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and Core-Mark. Without limitation, you agree that a printed version of these Terms and Conditions and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Condition to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
24. Must Be At Least 18 Years Old to Use The Top-Off Rewards Site
At the Top-Off Rewards Site, Core-Mark makes no active effort to collect personal information from individuals under the age of 18. Although Core-Mark requires that users must be at least eighteen (18) years of age or older, you must nonetheless ensure that content you provide is acceptable for viewing by users who might not be adults.
25. Jurisdiction
The Top-Off Rewards Site is controlled and operated by Core-Mark from the United States and is not intended to subject Core-Mark to the laws or jurisdiction of any state, country or territory other than that of the United States. Core-Mark does not represent or warrant that the Top-Off Rewards Site, or any functionality or feature thereof, is appropriate or available for use in any particular jurisdiction other than that of the United States. Those who choose to download, access or use the Top-Off Rewards Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to the United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.
26. Not Authorized to Do Business In Every Jurisdiction
Core-Mark is not authorized to do business in every jurisdiction. Information published on the Top-Off Rewards Site may contain references or cross-references to goods or services that are not available in your state or country.
27. English Language
The official text of these Terms and Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, the language of these Terms and Conditions as written in English will govern.
28. Binding Arbitration
PLEASE READ THE FOLLOWING PROVISION CAREFULLY. THIS IS A BINDING ARBITRATION PROVISION AND LIMITS THE MANNER IN WHICH YOU MAY PURSUE A CLAIM AGAINST US.
The terms of these Terms and Conditions are governed by the laws of the State of Texas, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND CORE-MARK, ITS LICENSORS, VENDORS, AND/OR ANY ISSUING PARTICIPANT OR REDEEMING PARTICIPANT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT CORE-MARK AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by this Agreement. The Supplementary Procedures are available at https://adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
29. Survival
The following Articles will survive the expiration or termination of your enrollment in the Top-Off Rewards Program: VIII (Disclaimers), IX (Member Obligations), X (Ownership and Trademarks), XIII (Collection and Use of Personal Information), XV (Limitation of Liability), XVI (Indemnity), XVII (Release), XXIII (General), XXV (Jurisdiction), XXVII (English Language), XXVIII (Binding Arbitration), XXIX (Survival), and XXX (Third Party Beneficiaries).
30. Third Party Beneficiaries
The provisions of these Terms and Conditions are for the benefit of Core-Mark and you and not for any other person or entity; provided, however, that Core-Mark’s licensors, vendors, the Issuing Participants, and Redeeming Participants shall be third party beneficiaries of the Disclaimers, Limitation of Liability, Indemnification, Arbitration, and Release provisions of these Terms and Conditions.
You may contact Core-Mark as follows:
Core-Mark International, Inc.
500 Solana Boulevard, Suite 3400
Westlake, Texas 76262
Attn: Program Manager Loyalty & Software Solutions