Welcome to Yesway & Allsup’s Rewards Program (the “Program”), which is operated by BW Gas & Convenience Holdings, LLC and its subsidiaries (“Yesway & Allsup’s”, “we” or “us”). The following terms and conditions (“Terms”) are between you and us with respect to the Program.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL OTHER TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE PARTICIPATE IN THE PROGRAM.

1. Agreement. These Terms apply to your participation in the Program. We reserve the right to change, modify and/or eliminate the Program and/or all or any portion of these Terms or any policy, FAQ, or guideline pertaining to the Program at any time and in its sole discretion upon posting of the modified Terms. You can view the most recent version of these terms at any time at www.yeswayallsupsrewards.com. Accordingly, you should visit the site and review the Terms periodically to determine if any changes have been made. Your continued use of the Program after any changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to the Terms. If you do not accept the modified Terms or any subsequent modifications, your sole and exclusive remedy is to end your participation in the Program.

2. Privacy and Related Terms. The Terms, including those relating to the information you provide to us, incorporate by reference our Terms and Conditions of Use and Privacy Policy, which may be found at www.yeswayallsupsrewards.com. In addition, certain of our programs and services may be governed by additional terms and conditions.

3. Participation.
1. There is no fee to enroll or participate in the Program. Your Program account is personal to your mobile phone number, you are permitted only one Program account, and you are prohibited from using another account holder’s Program Smiles and Rewards without their consent.
2. The Program is intended for individuals who are at least 16 years of age. If you are between the ages of 16 and the civil age of majority, which is 18 or 19 depending on your state of residence, you may only enroll with the permission of your parent or legal guardian.
3. Full participation in the Program requires a smartphone that can receive SMS messages and completing your member profile. However, all member pricing promotions in participating store locations are available to participants by just providing their phone number.
4. You may choose to deactivate your Program account at any time through the Yesway & Allsup’s Rewards mobile application (the “Mobile Application”) or m.yeswayallsupsrewards.com (the “Mobile Web Page”).

4. Enrollment. To enroll in the Program, you must create an account by providing your phone number through the Mobile Application or the Mobile Web Page, or at the fuel pump or register at one of our participating store locations. After entering your phone number (or once your transaction is complete when enrolling at the fuel pump or register), you will receive an SMS text message with a unique link, which will take you to your Program account. Although not required, to take advantage of all of the benefits of the Program, you will be asked to provide additional information, including a valid email address and your date of birth. It is your responsibility to keep your phone number and/or email address up to date. You may update your personal information through the Mobile Application or the Mobile Web Page. To update the mobile phone number associated with your account, please contact us here, and we will update your account for you.

5. Earning Smiles. Program participants can earn Rewards Points (referred to as “Smiles”) for fuel and eligible in-store purchases when they provide the phone number associated with their account at checkout as follows:
   • Merchandise: You will earn a specified number of Smiles for each dollar you spend on qualifying/eligible in-store purchases as described in the FAQs. You may also earn certain Special Rewards directly by purchasing specified products.
   • Fuel: You will earn a specified number of Smiles for each gallon of gas you purchase as described in the FAQs. Fuel purchases do not earn Smiles based on dollars spent.

   Smiles are earned on the final amount spent on qualifying products or gallons purchased, as applicable, after discounts, coupons and Rewards are applied and excluding any tax. There may be minimum purchase amounts required for earning Smiles for both merchandise and fuel as described in the FAQs. In addition, (a) more Smiles (or other rewards/benefits at our sole discretion) may be earned by participants in the professional driver tiers as described in the FAQs, and (b) more fuel rewards may be earned by participants who purchase items at a store on more than a specified number of occasions in a month, and (c) additional Smiles and Rewards may be given out periodically at our sole discretion. For more information on earning Smiles, please see the FAQs.

   For Smiles to be credited to your account, you must do the following at the time of the transaction (Smiles will not be rewarded retroactively):

   • In-Store purchases: You must enter your mobile phone number associated with your Program account when prompted on the pin-pad.
   • At the Pump: When purchasing fuel, enter your mobile phone number associated with your Program account when prompted on the fuel dispenser.

6. Redeeming Smiles for Rewards; Using Rewards. Smiles can be redeemed for benefits which are offered and available at our sole discretion (“Rewards”). Once you have earned enough Smiles for a particular item as displayed in the Mobile Application or the Mobile Web Page, you can redeem them for Rewards in the “Redeem” section of the Mobile Application or the Mobile Web Page. To use Rewards, follow the redemption processes outlined in the FAQs, which may change from time to time. Smiles will be redeemed according to a “first in, first out” system, meaning that the oldest Smiles in your account (i.e., those with the earliest accrual date) will always be redeemed first.

7. Fuel Reward Vouchers. Each Fuel Reward you receive is a separate voucher. However, you cannot choose to use just a portion of your Fuel Reward vouchers. Your Fuel Reward vouchers will apply one at a time to your fuel purchase, until either you run out, or the remaining Fuel Reward vouchers are equal to or greater than the rolled back price of gas. Any remaining vouchers will stay on your account until they are used on your next fill-up, or they expire. A Fuel Reward voucher may not be used for more than one fuel purchase or vehicle transaction. In addition, unless specifically provided for otherwise in a Fuel Reward voucher, each voucher is limited to 30 gallons.

8. Expiration of Smiles and Rewards. All Smiles earned on or after the “last updated” date of this Policy will expire if they are not redeemed for Rewards within six (6) months of earning them. Smiles earned prior to such date will expire 12 months from the “last updated”.

   Rewards granted to a customer under the Program expire thirty (30) days from the grant of the Reward unless otherwise noted; failure to use the Reward within 30 days may result in forfeiture of the Reward. However, if you have not used a Reward for a free item and the Reward has not expired, you can generally return the Reward and get your Smiles back at Sponsor’s sole discretion, as outlined in the Program FAQs. We have no liability for failure to redeem Smiles or to claim Rewards.

9. Excluded Items and Services. The following are not eligible for earning Smiles: any purchase of gift and prepaid cards, phone cards, purchases at any third-party restaurant that may be located in a fuel station, bottle deposits, financial services such as bill pay or money orders, sales and other taxes, tips, delivery fees, donations, lottery and video poker, bitcoin, skill game or similar machines, air pumps, EV charges, car washes and any items not legally permitted. We may change these exclusions at any time in its sole discretion.

10. Email and Mobile Marketing Communications. Yesway & Allsup’s email and mobile advertising and informational programs that are made available through the Sites and Programs are complimentary, require no purchase or fee for participation, and are subject to change in Yesway & Allsup’s sole discretion. If you opt-in to our email and mobile marketing programs, you are providing affirmative consent to receive recurring advertising and other text, push and email messages from and on behalf of Yesway & Allsup’s and its affiliates, including those via an automatic telephone dialing system, to the email address or mobile phone number you provide. Your consent to receiving such messages is not a condition of purchasing any goods or services. You may always opt-out of Yesway & Allsup’s email and marketing programs as described below.

    Yesway & Allsup’s does not charge you for sending or receiving text messages to your mobile phone. However, your wireless provider’s message and data rates may apply for any messages sent to you from us and to us from you. For transactional messages you will receive one message per request. For marketing messages and informational alerts about your account, the message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

    Yesway & Allsup’s works with various third-party service providers to provide its email and mobile marketing programs. Yesway & Allsup’s and its service providers collect information from you when you sign up for and use these services. Collected information may include (without limitation) your name, your mobile number, your carrier’s name and the date, time, and content of your message(s). We may use this information to contact you, to provide the services to you, and to enhance our marketing and communications with you.

    If you have any questions on our email or mobile marketing programs, contact us here. You can cancel the email or mobile marketing programs at any time as follows:

    1. Emails: Each marketing email contains an unsubscribe link that allows you to cancel. The Unsubscribe link will be located at the end of any marketing email.
    2. Mobile Texts: You can unsubscribe to any SMS service at any time by following the opt out procedure outlined in the FAQs. Our mobile marketing programs may not be available on all carriers. Please contact us for a list of US carriers through which we provide our programs.

11. Responsibility to Keep Account Secure. You agree to maintain the confidentiality of your account, and that you are fully responsible for all activities that occur under your account or any other breach of security, we will not be liable for any loss or damage arising from your failure to comply with these Terms. If you notify us that you have lost access to your account, we may terminate your account as proscribed in these Terms.

12. No Transfer. Any accumulated Smiles and/or Rewards balances are personal to your Program account and may not be sold, transferred, assigned to, or shared with others, or used by you for any purpose not permitted by these Terms.

13. Fraud. Participants in this Program agree and acknowledge that it will be considered fraudulent and a violation of these Terms to create, or assist in the creation of, illegitimate Program accounts, or to redeem Smiles/Rewards by any illegitimate means whatsoever, including by providing the phone number of a third-party account that is not your own. Participants acknowledge and understand that only one (1) Program account may be created per customer, and that any email or phone number used to create a Program account must be tied to a legitimate, verifiable customer. It will be considered fraudulent and a violation of these Terms to assist or engage in the accumulation or redemption of Smiles/Rewards by fraudulent means, such as creating, using, or sharing phone numbers or email addresses that are not tied to legitimate customers. We have the right to audit and/or request substantiation of any Smile accumulations/Reward redemptions at any time if it is suspected that a participant has violated these Terms. Any participant who is found to engage in any of the behaviors described in this Section is subject to such penalties and sanctions as We may deem appropriate, including without limitation having their Program account suspended or terminated, or having their accumulated Smiles/Rewards under this Program modified, suspended, and/or eliminated.

14. Termination. Yesway & Allsup’s may suspend or terminate the Program or revoke or limit your participation in the Program at any time without notice or liability. Revocation of your participation in the Program may result, without limitation, if you violate these Terms, or if the use of your account is unauthorized, fraudulent or otherwise unlawful.

15. Taxes. You agree that you are solely responsible for all applicable federal, state, or provincial withholding, taxes, and government fees or costs associated with Smiles and/or Rewards balances, transfers, and redemptions.

16. Ownership of Smiles and Rewards. No interest is paid on Smiles and/or Rewards subject to applicable laws. Smile and/or Reward balances are not your property, and you have no property rights or other legal interest in the Smiles and/or Rewards. All Smiles and/or Rewards remain the sole property of us until redeemed. Your Smiles and/or Rewards balance or any part of it is not transferable, cannot be brokered, bartered, or sold, and cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with Smiles and/or Rewards of any other participant in the Program.

17. Unclaimed Property. If required under applicable state unclaimed property laws due to non-redemption of your Smiles and/or Rewards balance over time, we may transfer, report, or convey your Smiles and/or Rewards balance to a state agency. You should therefore redeem your Smiles and/or Rewards balance on a regular, continuing basis. We take no responsibility for any loss of Smiles and/or Rewards balances due to unclaimed property laws.

18. DISCLAIMER. THE CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THROUGH THE PROGRAM ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

19. LIMITATION OF LIABILITY AND DAMAGES. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY LOSS ARISING OUT OF LOST OR STOLEN ACCOUNTS, NOR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PROGRAM IS TO CEASE ALL OF YOUR PROGRAM USE. WHERE REQUIRED BY LAW, THE MAXIMUM LIABILITY COLLECTIVELY OF US WILL NOT EXCEED ONE HUNDRED DOLLARS ($100) FOR ANY DAMAGES OF ANY NATURE, INCLUDING GROSS NEGLIGENCE, ARISING IN CONTRACT, TORT OR OTHERWISE.

20. Governing Laws in Case of Dispute; Jurisdiction. Any action arising out of the Program, including but not limited to a breach of these Terms, shall be brought before the federal or local courts presiding in Texas, whichever is appropriate, and to whose jurisdiction you consent in such an action. The applicable law in such an action will be the laws of the State of Texas applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. To the extent permitted by law, any cause of action you may have with respect to your use of the Program must be commenced within one (1) year after the claim or cause of action arises.

21. Class Action Waiver. In any dispute regarding this Program, YOU AGREE THAT NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS PARTICIPANT, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The forum hearing the dispute may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

22. Headings. The headings of each of these Terms are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms.

23. Severability. If any portion of these Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention, and the remainder of the provisions shall remain in full force and effect.

24. No Waivers. Any failure by us to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

25. Entire Agreement. The Terms, the Terms and Conditions of Use and the Privacy Statement, constitute the entire agreement between Yesway & Allsup’s and you with respect to your use of the Program.