Terms & Conditions

NORTH ATLANTIC Yay! Rewards PROGRAM TERMS AND CONDITIONS

1. The North Atlantic Yay! Rewards Program (the “Program”) is a loyalty reward program that is operated by NARL Marketing LP (“North Atlantic”). The Program operates only through participating North Atlantic stations and/or the businesses of third party vendors authorized by North Atlantic for the distribution and/or redemption of Yay! Rewards (to obtain an up-to-date list of participating locations, please contact us at customerservice@northatlantic.ca). In joining and/or participating in the Program, you are deemed to have agreed to the terms and conditions of the Program outlined below.

HOW TO ENROLL IN THE PROGRAM

2. You can obtain a North Atlantic Yay! Rewards Card at any participating North Atlantic station simply by requesting one. The person receiving this primary Card (the “Cardholder”) will at the same time be given two (2) key fobs, each bearing the same number as the primary card (the primary Card and the associated fobs are collectively referred to below as the “Card”). The Cardholder must also complete a short cardholder information form that identifies the Cardholder’s name, address, phone number, and email address. Once activated, Yay! Rewards will begin to accrue to that Cardholder. However, the Cardholder will not be able to redeem Yay! Rewards until the Cardholder information is updated in the system. This will normally take 1-2 weeks.

3. No individual may have any more than one active Yay! Rewards Card. If an individual is determined to have more than one card then all subsequently issued cards may be deactivated at the sole discretion of North Atlantic.

4. The North Atlantic Yay! Rewards Card is not a credit card but merely a Yay! Rewards points accumulation card. The North Atlantic Yay! Rewards Card is the property of North Atlantic and it may be revoked at any time by North Atlantic in its sole discretion should a Cardholder not adhere to and/or abuses the Program and/or its Terms and Conditions.

5. Only individuals may become Cardholders of the Program (therefore, non-charitable corporations, businesses, or partnerships cannot become a Cardholder nor anyone other than an individual).

6. Cardholders are responsible for notifying North Atlantic of any changes in their membership information such as mailing address, telephone numbers and e-mail address. Any
consequences of a failure to notify North Atlantic of any such changes are the responsibility of the Cardholder.

To update information, Cardholders must notify North Atlantic by phone, mail, fax or email.

COLLECTION OF Yay! Rewards

7. Once a Card is activated, each time eligible purchases at a participating location are made, the Cardholder will earn Yay! Rewards at the rate of 10 points per $1 eligible dollars spent when using any credit card and 20 points per $1 eligible dollars spent when using cash, cheque, debit card, or gift card. In the case of purchased merchandise or services other than gas or diesel, Yay! Rewards will be awarded before any taxes, and Yay! Rewards will be awarded on the gross pre-tax price of an item after any discounts. This rate of accumulation may be changed by North Atlantic at any time without further notice. Only one membership number is issued per customer and only one North Atlantic Yay! Rewards membership is permitted per customer; however, anyone may use a Cardholder’s primary Card or a Cardholder’s fob, and in so doing all Yay! Rewards accrued through any such usage will accrue in the name of the Cardholder named in the process as being associated with that Cardholder’s number.

8. Customers must present their Card to collect Yay! Rewards before final transaction payment is taken by the attendant. If a Cardholder does not present their card at the time of purchase, no retroactive recording of Yay! Rewards will occur- therefore, the only opportunity to collect Yay! Rewards is at the time of an actual purchase in conjunction with the presentation of the Card. Fobs may only be used in-store and cannot be used at (pay at pump) self serve pumps; therefore, only a primary card can be used at a pay at the pump location to collect Yay! Rewards.

9. Yay! Rewards will not be issued with respect to the items/services specified as exclusions in Appendix “A” nor with respect to the purchase of items/services for which the issuance of Yay! Rewards is prohibited by law.

10. Yay! Rewards issued on a transaction will be shown on the cash register receipt issued at the time of purchase (in the event that the system used to record Yay! Rewards is unavailable at the time of purchase, Yay! Rewards will be awarded automatically when the system comes available and the new balance will be printed on the next customer receipt).

11. In the event of returns and/or exchanges, Yay! Rewards will be deducted from the Cardholder’s account in the same amount as the number of Yay! Rewards issued for the returned item or service. If the return and/or exchange relates to an item/service acquired through the redemption of Yay! Rewards, all redeemed Yay! Rewards will be returned in Yay! Rewards.

12. Yay! Rewards are non-transferable from one Cardholder to another.

13. Yay! Rewards are not divisible in the case of legal disputes including marital disputes such as separation or divorce. Yay! Rewards are automatically reduced to zero at the time a Cardholder’s account is closed, or upon their death, or at the time of their bankruptcy, or if there is no activity on their account for 24 consecutive calendar months, and no credit of any kind will be given to the Cardholder at any such times for unredeemed Yay! Rewards.

14. From time to time, selected in-store merchandise and/or services will be eligible for earning bonus Yay! Rewards (“In-store Promotions”). In these cases the amount of extra Yay! Rewards advertised in-store will be awarded in addition to the base amount awarded. Products and services in respect of which an In-Store Promotion is ongoing are excluded from all concurrent special multiplier offers offered to or in relation to the sign-up of new Cardholders (“Sign-Up Promotions”). North Atlantic reserves the right to change In-Store Promotions and Sign-Up Promotions at any time at its discretion. Note: Items eligible for In-Store Promotions are subject to a limited purchase of one item per visit, unless otherwise stated in collateral material. Promotional offers may differ by location and may not be available at all locations.

HOW TO REDEEM Yay! Rewards

15. Yay! Rewards are redeemable at the rate of 1¢ per 10 Yay! Rewards (for example, 1,000 Yay! Rewards has a redeemable value of $1).

16. As per applicable tax legislation, GST, PST, HST and any other taxes are calculated and payable by the Cardholder on the full amount of the purchase price before any reduction for redeemed rewards.

17. To redeem Yay! Rewards, a Cardholder must present their primary card at the time of redemption (fobs cannot be used to redeem Yay! Rewards). At that time, the Cardholder’s Yay! Rewards balance will be reduced by the number of Yay! Rewards redeemed. Yay! Rewards can be redeemed in an amount only if the required number of Yay! Rewards exist in the Cardholder’s account prior to the purchase/redemption taking place. Yay! Rewards may only be redeemed by the Cardholder who is the registered Cardholder of the account holding the Yay! Rewards. Redemption can only take place if the Yay! Rewards server is fully operational and the Cardholder’s account is in good standings with the Program.

18. Yay! Rewards may be redeemed at any participating North Atlantic location for fuel or any merchandise or service sold at that location except for the purchase of products/services for which redemption is prohibited by law or which have been specifically exempted from the
Program as noted in Appendix “B”. Certain restrictions on redemption may apply at individual locations.

19. North Atlantic may add, delete or substitute products and services eligible for Yay! Rewards redemption at any time without notice.

20. Yay! Rewards have no value except as applied towards the purchase of goods and services offered for sale at participating North Atlantic locations and/or the businesses of third party vendors authorized by North Atlantic for the distribution and/or redemption of Yay! Rewards (for example, at the businesses of independent third party vendors located at some North Atlantic locations) and are not exchangeable for cash and cannot be used to make card payment. Yay! Rewards cannot be sold or purchased and are void if sold for cash or any other consideration.

21. By redeeming Yay! Points, the Cardholder shall at that time be deemed to have automatically released North Atlantic from any and all liability and/or claims regarding the redemption and the use of the reward and any loss or damage caused by goods and services supplied as a reward. North Atlantic will not be liable in any way for any tax consequences which results to a non-Canadian resident as a consequence of participating in the Program.

GENERAL TERMS AND CONDITIONS

22. The North Atlantic Yay! Rewards Program may be terminated at any time with 90 days notice to Cardholders. Any points unredeemed upon program termination will become null and void and have no value as of the termination date. Notice of termination shall be posted by North Atlantic at all participating stations and shall be sent to all Cardholders by mail at the address provided by the Cardholder. North Atlantic is not responsible for points that become null and void as a result of failure of Cardholder to become aware of notice.

23. In case of a lost North Atlantic Yay! Rewards Card, a new Yay! Rewards Card may be provided to the Cardholder by calling North Atlantic at 1-800-386-7757. Any accumulated unredeemed Yay! Rewards balance relating to the old card will be transferred to the new card (this will occur only if the old card was registered and North Atlantic can verify the authenticity of the old card registrant). North Atlantic assumes no liability for Yay! Rewards redeemed by any person(s) prior to the notification to North Atlantic’s Customer Service Centre that the North Atlantic Yay! Rewards Card is lost or stolen (therefore, if any Yay! Rewards are redeemed prior to such notification those unauthorized redeemed Yay! Rewards will not be reinstated to the Cardholder).

24. If events beyond North Atlantic’s control affect North Atlantic’s ability to operate the North Atlantic Yay! Rewards Program, the Program may be suspended or terminated without notice, and North Atlantic may restrict or alter any aspect of the North Atlantic Yay! Rewards Program
without notice at any time and for any reason, and in the event any of the foregoing occurs North Atlantic will have no liability whatsoever to any Cardholder as a result thereof. North Atlantic shall be automatically released from all claims by Cardholders in respect of any Cardholder’s suspension, termination, or any forfeiture of Yay! Rewards, or in respect of any alteration, suspension or termination of the Program.

25. North Atlantic is not responsible for any errors or omissions of any kind, whether in these Terms and Conditions or as the result of any mechanical or technological failure or whether as the result of any human error whether by North Atlantic, its employees and agents or by any other person.

26. These Terms and Conditions will be deemed to be amended only when an authorized revision of these Terms and Conditions is placed on our Website.

27. North Atlantic may from time to time extend the Program to other retailers and other loyalty programs in which case Yay! Rewards accruals and redemptions will apply in relation to such other retailers and/or loyalty programs according to the terms and conditions of the Yay! Rewards Program Terms and Conditions as modified in a revision thereto to take account of changes that may be necessary due to the nature of the businesses of such other retailers and/or loyalty programs and how they relate to the Yay! Rewards Program (the revised terms and conditions will appear on the North Atlantic Website and supersede the previous version of the Program’s terms and conditions once posted on the North Atlantic Website).

GOVERNING LAW AND CURRENCY

28. The Program shall be governed by the laws of Newfoundland and Labrador and the laws of Canada applicable therein. Any disputes regarding the Program or in any way arising out of membership in the Program, shall be submitted to the courts of Newfoundland and Labrador whose courts shall have exclusive jurisdiction to hear such disputes. All dollar amounts referenced in this Agreement refer to Canadian dollars.

PRIVACY OF INFORMATION

29. North Atlantic is committed to respecting your privacy and to collecting, using and disclosing your personal information in a responsible manner and in accordance with the applicable law. Personal information is information that may be used to identify you such as your name, title, gender, marital status, phone number, email address or mailing address. Most of the information provided by Cardholders on the Yay! Rewards registration form, online registration fields or to the North Atlantic Customer Service Centre representative to join the Yay! Rewards Program will constitute personal information, as that term is defined under the Personal Information and Protection of Electronic Documents Act (“PIPEDA”) (“Personal Information”).
By participating in the Yay! Rewards Program, you are consenting to the collection and use of your personal information as described in these Terms & Conditions. A commercial electronic message sent to you by North Atlantic is based on your prior consent or is otherwise sent in accordance with applicable laws. You may revoke your consent and have your information removed from our mailing lists by clicking the “unsubscribe” link at the bottom of our email or contacting our Privacy Officer at the address below.