shopkick™ Application Terms of Use

By downloading this Application, you agree to the following terms and conditions:

Overview of shopkick

shopkick (the "Program") is a smartphone- and online-based rewards program sponsored by shopkick, Inc. ("shopkick") through which registered individuals ("Members") who have downloaded the shopkick application ("Application" or "app") can participate in a variety of promotional offers to earn "kicks™" - the shopkick currency - by visiting stores, restaurants and other locations, scanning featured product codes, buying certain products, and other actions. Members may redeem their kicks for discounts, merchandise, digital content and products, services, charitable contributions and other rewards available through the shopkick application. Members may also earn bonuses, including "bonus kicks" and other direct bonuses (for example, free music downloads and free charitable donations) by participating in promotional offers or by performing certain actions as indicated in the shopkick Application (collectively "Bonuses"). Other methods of earning and redeeming kicks and Bonuses may be added at any time. In addition, the shopkick Application provides you with offers at certain stores, restaurants and other locations, and with entertainment and social features. By gaining access to and using the Application you agree to be bound by these terms and shopkick’s standard Terms of Service found at http://www.shopkick.com/terms-of-service.html (together, the "Terms"). You also acknowledge that shopkick may collect, use and disclose certain information you provide in connection with your use of the Application, as set forth in our Privacy Policy found at http://www.shopkick.com/privacy-policy.html. shopkick reserves the right to change the Terms at any time and without notice to you; updates will be posted at http://www.shopkick.com/terms-of-service.html. Any changes will apply to all Members enrolled in the Program on the date of the changes. In addition, shopkick may modify, suspend or cancel the Program, or any portion thereof, at its discretion at any time and without notice to you. Members will be notified by email if the Program is suspended or cancelled. Notice of cancellation will also appear on the shopkick website.

How to Register

You must be a legal resident of the 50 United States (and the District of Columbia) who is 13 years and older at the time of registration, and not an employee or contractor of shopkick, to participate in the Program. If you are younger than 18 years of age, then you need to ensure your parents consent to your participating in the Program. There is no cost to register in the Program. To register, download the shopkick Application to your phone, and follow the instructions to create a shopkick account ("Account"). You need a unique valid email address to create an Account, and you can only have one Account. Once you have provided the required information and acknowledged compliance with the Terms, you will be enrolled in the Program and become a Member. The number of kicks and Bonuses you earn will be recorded and tracked in your Account within shopkick.

Earning kicks

You can earn kicks in a variety of ways. For example, depending on your physical location, when you launch the application, nearby stores may be listed where kicks or other offers or services are offered, would be revealed on the store list screen. Certain participating locations may offer you to "collect kicks for walking-in" or for "checking-in." Earn kicks when you "check-in" at a retailer marked on your shopkick store page as offering kicks for that activity, or "walk-in" at a retailer marked on your shopkick store page as offering kicks for that activity. kicks for walking-in can only be earned by physical presence at eligible walk-in locations that are open for business and active at the time you have the application open, have cell phone network reception and are accessing the relevant pages in the application. Multiple other options to earn additional kicks via non-check-in- or non-walk-in-related activities also may be available (e.g., for purchases), as indicated in the app.

kicks will be deposited into your account upon completing the specific action indicated in the app to earn the kicks, for example a successful check-in, walk-in, code scan or purchase with the app. You are responsible for ensuring that kicks are properly credited and you should check your account regularly. You may not purchase, combine or transfer kicks with other Members or any other person, and any attempt to do so will result in disqualification from the Program and forfeiture of all kicks in your account.

Bonus kicks and other types of Bonuses can be earned in a variety of ways as specified by shopkick, including scanning product codes from a Participating Brand when physically present at a retailer or when "checked-into" a retailer near your actual physical location, making certain purchases and/or completing a "Bonus Set." A "Bonus Board" displays the "Bonus Sets" you have earned over time. Bonus icons are displayed on the Bonus Board at check-in. When a Bonus Set is complete, you receive the specified Bonus, such as bonus kicks on your next walk-in with a featured merchant, or other direct bonuses (for example, free music downloads and free charitable donations).

Automatic Expiration: Unless otherwise indicated by shopkick, Bonuses expire automatically within thirty (30) days after they are awarded, if not used or redeemed.

shopkick reserves the right to change, add or remove Bonus Sets and Bonus types, and the methods by which Members can earn and redeem kicks, Bonuses or Bonus Sets, for any reason and without notice to you, in its sole discretion and at any time.

If you believe that kicks or Bonuses were not properly accrued to your account, please notify shopkick by using the "Contact Us" form on the website within 30 days of the subject accrual being posted. Allow 30 days for any claims to be researched and corrected as needed. shopkick’s determination will be final. Unfortunately we cannot guarantee that kicks or Bonuses you believe should have been accrued can be credited to you later, if shopkick cannot determine the precise location you were in, or the action you took on the shopkick application, at the time when you believe the kicks or Bonuses should have been credited. Among other reasons, technical problems with a check-in or scanning system may result in you not being detected accurately by the shopkick Application. While we try to prevent that from happening, neither we nor our affiliates and business partners can be held liable for your inability to accrue kicks or Bonuses in such event.

Redeeming kicks and Bonuses for Rewards

You may redeem kicks and Bonuses for various rewards, which may include merchandise, discounts, offers and/or other items or services ("Rewards") listed in the Rewards section of the shopkick Application while supplies last and/or during the time periods specified. You can select any item still available for which you have accumulated sufficient kicks and Bonuses for redemption. To redeem, click the selected item and follow instructions provided to claim the Reward. For some Rewards, for example a "virtual store card," you may receive an email containing a unique code that you will need to present to a store sales associate to redeem your Reward. Once the code of the virtual store card is sent to you, the redemption process and the store card itself is handled by the store the card is to be used at, and shopkick is not responsible or liable for its value or the process. Emails will be sent to the email address you provide. Other Rewards may require a mailing address to ship the Rewards. You are responsible for maintaining the accuracy of your contact information in your Account. shopkick may modify the list of Rewards periodically, and reserves the right to modify the kicks values of the Rewards at any time for any reason. shopkick is not the supplier of any Reward, and is not liable or responsible for its fulfillment or proper condition or value. Please contact the supplier of the Reward directly with any claims you may have.

kicks can be used as soon as they are reflected in your Account balance or may be accrued over time for later use prior to expiration, or termination of the Program. Some Rewards may require additional time before they can be fulfilled. kicks and Bonuses have no cash value and may only be redeemed for Rewards offered in this Program. kicks and Bonuses earned are not property of a Member and cannot be sold, transferred, or assigned. kicks and Bonuses may be revoked at any time by shopkick. All redemptions of kicks and Bonuses for Rewards are final. Refunds, exchanges and other issues regarding the redeemed item are governed by the Reward supplier’s terms and conditions applicable to the item, including any warranty, and are not the responsibility of shopkick. Restrictions may apply to certain Rewards. Terms and conditions of Rewards are disclosed on the Application. Merchants participating in shopkick are subject to change. You are responsible for the payment of any applicable taxes that may result from Rewards received as part of the Program. Rewards pictured on the shopkick application may not necessarily reflect exact colors or models of actual Rewards due to model variations and/or manufacturer's updates.

Merchandise Rewards that are not available to be claimed in-store or within the Application will be shipped via U.S. mail (or other carrier at the discretion of shopkick) within six to eight weeks from date of Reward redemption. Merchandise can only be shipped to approved U.S. shipping locations. Some merchandise Rewards require a street address for shipment. shopkick reserves the right to substitute merchandise of equal or greater value in place of unavailable merchandise, or to refund kicks that were redeemed for unavailable merchandise. Program Rewards are provided "as is" without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Forfeiture of kicks and Bonuses for Inactivity or Account Cancellation

Your Account will be deemed inactive if you have not opened the app for 360 days or more. shopkick may cancel your inactive Account at any time. Upon termination of an inactive Account, the kicks and Bonuses within the Account will be immediately forfeited. You may terminate your Account at any time by sending an email with the subject line "Please Cancel My shopkick Membership" to feedback@shopkick.com and requesting to be deleted. By canceling your shopkick Membership, the Account registered to you will be terminated and all kicks and Bonuses immediately forfeited. Abuse of the Program, including, without limitation, failure to follow Program policies and procedures or other improper conduct as determined by shopkick in its sole discretion may result in cancellation or suspension of your Account and forfeiture of all kicks and Bonuses accrued, as well as disqualification from future programs.

Modifications and Program Termination

shopkick reserves the right to modify any of the Terms - including, but not limited to, the duration of the Program or any part thereof, methods by which you can earn kicks and Bonuses, and the number of kicks or Bonuses associated with a Reward - or to terminate or temporarily suspend the Program or any part thereof at any time, for any reason and without notice to you, even though such changes, termination or suspension may affect your ability to accrue or use kicks or Bonuses. In the event the Program is terminated altogether, you will have 30 days from the date termination is announced to use your eligible kicks and Bonuses.

Last updated as of: October 10, 2010