Terms of Service for Shoppers & End Users
SnowShoe, the company that delivers Spark Loyalty, is absolutely committed to keeping your data secure and your private information private. Here are the terms of service you agree to as a customer of a merchant using the the Spark Loyalty system.
Contact our team if you have questions.
Please note that if you are a merchant or retailer who is using the Spark Loyalty system to provide loyalty points and deliver rewards, these terms do not apply to you. Merchants should refer to our MERCHANT TERMS OF SERVICE.
Please note that if you are a merchant or retailer who is using the Spark Loyalty system, these end-user terms do not apply. Merchants should refer to our MERCHANT TERMS OF SERVICE.
Shoppers & End-Users:
We reserve the right, at our sole discretion, to change or modify these Terms at any time without further notice. If we change these Terms in a material way, we will provide appropriate notice to you, and, for any change, will indicate the date of revision at the top of this page. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, please stop using and accessing the Service.
You, as a shopper and user of any of our websites, Terminals or Services, are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use our Services. Creation of an account on any of our websites or Services constitutes use. Another way of instantiating use is a single recognizable stamp, using a SnowShoe provided Spark-capable device, on the capacitive screen of any device under your control or ownership. If you reject or disagree with these Terms of Service, do not stamp or tap on a screen. Clicking through our agreement and thereafter using a provided stamp to stamp on a screen implies full agreement with these terms. In these Terms of Service, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.
Our Policies and Terms of Service
Rewards: By using the Service, you may have the opportunity to qualify for Rewards through promotional campaigns offered by merchants that participate in the Service. All Rewards made available in connection with the Service are promotional only and have no cash value. You have no property value in any Rewards. Such Rewards are made available directly by the relevant merchant providing such Rewards (“Rewards Provider”), and not SnowShoe, and are redeemable solely for the applicable goods or services of the relevant Rewards Provider as may be determined by such Rewards Provider. The Rewards Provider, not SnowShoe, is the provider of the Rewards and such goods and services and is solely responsible for redeeming any Rewards you obtain. SnowShoe will have no liability if a Rewards Provider refuses or fails to honor any Reward. In addition, the following terms and conditions also apply to all Rewards:
- Rewards may not be cashed out or transferred into any other medium of exchange.
- Rewards are nontransferable.
- Redemption frequency is determined by the Rewards Provider.
- Use of Rewards relating to alcoholic beverages is at the sole discretion of the Rewards Provider and is subject to compliance with applicable law.
- Rewards cannot be combined with any other rewards, offers, vouchers, third-party certificates, coupons, or promotions, unless otherwise specified by the Rewards Provider.
- Neither SnowShoe nor the Rewards Provider is responsible for malfunctioning, lost, or stolen reward tokens, cards or points.
- Reproduction or sale of any Reward is prohibited.
- Any attempted redemption not consistent with these Terms or any other restrictions imposed by the Rewards Provider or Fivestars (including any Reward-specific terms associated with a Reward) will render the Reward void.
- Rewards are void to the extent prohibited by law.
- Rewards may be applied only to the applicable products or services sold by the Rewards Provider that are the subject of such Rewards as determined by such Rewards Provider.
A Rewards Provider may discontinue its rewards program and participation with SnowShoe’s Service at any time. SnowShoe also reserves the right to terminate a Rewards Provider’s rewards program and participation with the Service at any time. Upon termination of a Rewards Program for whatever reason, all Rewards will become null and void and will not be redeemable for any good, service, or any other value, financial or otherwise.
Member Account, Password and Security: You are fully and entirely responsible for maintaining the confidentiality of your account and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify SnowShoe of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. SnowShoe will not be liable for any loss or damage arising from your failure to comply with these requirements. Only one account is permitted per person. You agree and represent that you are not currently and will not use or maintain any other SnowShoe account under a different phone number. Your account and your rights under this agreement cannot be transferred by you to any party. Points and rewards cannot be transferred from one person to another person.
Modifications to Service: SnowShoe reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SnowShoe shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
By using the Spark Services you agree that we can use data collected about you and the stores your visit to provide the Spark Services to you, and you also agree that SnowShoe can continue to use this data and combine this data with data from other companies to continue to improve and provide the SnowShoe Spark Services to other merchants and shoppers. You claim no right of continuing ownership over this data or any derivatives of this data, whether about you or the stores you visit or the Rewards Providers you visit or the points or Rewards you may receive. Your name and likeness and personal information may be collected and reused by SnowShoe for future analysis and to contact you at SnowShoe’s sole discretion. You agree that this data is the property of SnowShoe and can be used in perpetuity by SnowShoe for any business purpose designed by SnowShoe to continue to enhance and develop the Services.
- Eligibility. Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. Additionally, you must be 16 years of age or older.
- Registration Information. You must provide a valid permanent email address, along with any other information required by SnowShoe during the registration process.
- Password. You are responsible for maintaining the security of your account and password. SnowShoe will not be liable for any loss or damage from your failure to comply with this security obligation.
- Restrictions. You may not use the SnowShoe Service for any illegal or unauthorized purpose. You must not, in the use of the SnowShoe Spark Services, violate any laws in your jurisdiction, including, among other things, by:
- distributing information about illegal substances or information to underage individuals about alcohol, tobacco or firearms;
- take any action that would place you or your customers or SnowShoe or any of our providers into a violation of the SHAFT standards, as outlined in the link above;
- interfering with or circumventing any security feature of the Spark Services or any feature that restricts or enforces limitations on use of or access to the Spark Services;
- infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity
- being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by SnowShoe in its sole discretion; or
- deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.
You agree that you are solely responsible for your interactions with any other user, Rewards Provider or third party in connection with the Service (or any third-party service with which the Service is integrated), and SnowShoe will have no liability or responsibility with respect thereto. SnowShoe reserves the right, but has no obligation, to become involved in any way with disputes between you and any Rewards Provider or other third party in connection with the Service (or any third-party service with which the Service is integrated). In addition, without limiting the foregoing, SnowShoe will have no liability or responsibility for any acts or omissions of Rewards Providers with respect to their use of any of your information or your interactions with them.
Services provided by SnowShoe includes certain capabilities and messaging capabilities that are available via a mobile device, including the ability to upload content to the Service and the ability to browse and otherwise access the Service or certain features thereof (“Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we and Rewards Providers may communicate with you by automated SMS, MMS, text message or other electronic means to your mobile device and that information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your SnowShoe account information.
SMS Alerts for Users
- To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before granting you access to the SnowShoe Service.
- When you opt-in to the SnowShoe Service, either through a website, or via a mobile app interaction or through an in-store signup, you have the option to agree to receive SMS alerts on your mobile device. If you agree to receive SMS alerts, we will send you an SMS message to confirm your sign-up.
- You can cancel the SMS alerts at any time. Just text “STOP” to the number that sent you the message. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If at any time you forget what keywords are supported, text “HELP” to the number which originally wrote to you. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our Service as well as how to unsubscribe.
- We are able to deliver messages to subscribers of most wireless carriers. Please check with your wireless carrier to confirm whether you are able to receive SMS alerts.
- As always, standard text message and data rates may apply for any SMS messages sent to you from us and to us from you. Message frequency depends on your interaction with the Service. If you have any questions about your text message or data plan, contact your wireless carrier. For all questions about the services provided by this short code, you can send an email to firstname.lastname@example.org.
The SnowShoe and Spark Loyalty marks are trademarked in the United States and protected by 32 patents filed in 18 countries around the world. You may not duplicate, copy, or reuse any of our equipment or any of our trademarked names or design elements without express written permission. You do not acquire any ownership rights by using the Spark Services or any other system or equipment licensed to you by SnowShoe.
Collection of Information: SnowShoe’s systems permit the collection of personal information. Personally identifiable information (PII) can potentially identify you and may be used in combination with other pieces of personal information to identify individual customers and shoppers. Examples of personal information include name, company name, job title, address, e-mail address, telephone number, and billing and credit card information. Personal information can also include information that does not identify an individual, but could be combined with other information in a way that enables an individual to be identified. This includes information such as age, gender, profession, zip code, IP address, and current location. Use of PII data is restricted in the following manner.
Download of information: Upon request, a Rewards Provider may receive a complete download of all information that customers have chosen to share with that individual merchant. Once that information is downloaded, the Rewards Provider agrees to be entirely responsible for any subsequent use or dissemination of that information provided to you by SnowShoe. By your use of the Spark Services, you agree to hold both the Rewards Provider and SnowShoe harmless for any use or misuse of personally identifiable information.
We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that SnowShoe has no obligation to prescreen or monitor your access to or use of the SnowShoe Spark Services or any information, materials or other content provided or made available through the SnowShoe provided services, but has the right to do so. You hereby agree that SnowShoe may, in the exercise of our sole discretion, remove or delete any data, accounts, campaign information or other content that violates these Terms of Service, any federal, state or local law or ordinance or that is otherwise objectionable to SnowShoe.
A user or shopper may cancel your account at any time. You may also, in accordance with international and United States law, request the deletion of your account and your personal information.
SnowShoe will make our best effort to delete your information upon request and will remove accounts that have been documented by the user as requested for removal.
You agree to indemnify and hold SnowShoe, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, charge, liability, damages, expenses or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the SnowShoe Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.
The SnowShoe Spark Services and all information provided in this system are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. SnowShoe is a distributor and not a publisher of the marketing content supplied by third parties such as merchants and retailers; as such, SnowShoe exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the SnowShoe Spark Services. Without limiting the foregoing, SnowShoe specifically disclaims all warranties and representations in any content transmitted on or in connection with the SnowShoe Service or on sites that may appear as links on the SnowShoe Spark Services, or in the products provided as a part of, or otherwise in connection with, the SnowShoe Spark Services, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by SnowShoe or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, SnowShoe does not warrant that the SnowShoe Spark Services will be uninterrupted, uncorrupted, timely, or error-free.
Limitation of Liability
SnowShoe will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the SnowShoe Spark Services, whether or not SnowShoe is advised of the possibility of such damages. You acknowledge and agree that SnowShoe’s maximum liability to you will not exceed the amount you have paid SnowShoe in the ninety (90) days immediately preceding the date on which you first assert a claim.
To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the SnowShoe Spark Services under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
Date of Last Revision: October 7, 2022