Terms and Conditions

Thank you for choosing to do business with Huck’s Food and Fuel and visiting http://www.Hucks.com (the “Website” or “Site”) or downloading and using Huck’s Bucks Bigg Rewards Application (the “App” or “Application”). Our App is offered by Martin & Bayley, Inc. d/b/a Huck’s Food and Fuel (“Hucks”, “Huck’s Food and Fuel” or “Huck’s Market or “us” or “we”). These Terms and Conditions (“Terms and Conditions”) apply to this App and the Bigg Rewards Program (as defined below) offered herein, and not to any other website, mobile app, product, service, or program offered by Huck’s Food and Fuel. These Terms and Conditions apply to your use of this App, and/or enrollment and participation in our Bigg Rewards Program. If you do not agree to these Terms and Conditions, do not use or access this App or participate in the Bigg Regards Program. These Terms and Conditions are a legal and binding agreement between you and Huck’s Food and Fuel governing your use of this App, which includes its content, information, services, and features.

By providing information to us or by accessing, browsing or using the App, or enrolling in our Bigg Rewards Program, you acknowledge that you have read and understand these Terms and Conditions and consent to the same. You consent to the collection, use, and disclosure of data you provide including Personally Identifiable Information and other information (collectively “Personal Data”) by Huck’s Food and Fuel pursuant to these Terms and Conditions. If you do not understand any part of these Terms and Conditions or if you do not consent to the collection, use and disclosure of your Personal Data in accordance with these Terms and Conditions, you do not have permission to access or use the App and you should immediately exit the App.

1. Eligibility

To participate in the Bigg Rewards Program and to be eligible to earn on qualifying purchases and reference bonuses, enrollment is required. You may enroll in the Bigg Rewards Program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Bigg Rewards Program. Huck’s Food and Fuel reserves the right to verify and require you to provide evidence of your age. The Bigg Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13 and we request that these individuals not provide Personally Identifiable Information. If you are between the ages of thirteen (13) and eighteen (18), you acknowledge that you have obtained permission from your parent or legal guardian to have an account for the App. To enroll, eligible participants must complete the required registration form at www.Hucks.com or on Huck’s Bucks Bigg Rewards App. By enrolling you represent that you are the account holder for the information provided in the registration form. Huck’s Food and Fuel reserves the right to end the Bigg Rewards program at any time and without notice to you.

Certain features or services offered on or through this App may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Huck’s Food and Fuel immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Huck’s Food and Fuel or any other App user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential. You may not use anyone else’s account or login information. Huck’s Food and Fuel shall not be liable for any loss or damage arising from your failure to comply with these requirements and Terms and Conditions.

2. Rewards Program

Huck’s Food and Fuel offers the Huck’s Bucks Bigg Rewards Program (the “Bigg Rewards Program”) to reward and thank our loyal customers. The Bigg Rewards Program is available to enrolled members at participating Huck’s Food and Fuel locations in the United States. Rewards accumulated under the Bigg Rewards Program are promotional and have no cash, monetary or other value and cannot be converted into any currency. There are no membership fees associated with the Bigg Rewards Program. Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account.

You can enroll in the Bigg Rewards Program and create a Bigg Rewards account (“Rewards Account”) in one of the following ways:

Visit the Huck’s Food and Fuel Website located at www.hucks.com; or

Download the Huck’s Bucks Bigg Rewards App.

As a part of the Bigg Rewards Program, Huck’s Food and Fuel will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Bigg Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences. By providing your email address at the time of enrollment in the Bigg Rewards Program you authorize Huck’s Food and Fuel to deliver promotional and advertising messages to your enrolled email.

You will earn and receive Points (as defined below) toward Rewards (as defined below) as follows:

3. Qualifying Purchases

Members will earn and receive Points toward Rewards by making qualified purchases at participating Huck’s Food and Fuel locations. You will earn twenty (20) Points per dollar ($1.00 USD) on inside the store purchases, and ten (10) Points per gallon pumped on fuel transactions. You will not earn Points towards an earned Reward if you spend less than a total of $1.00 USD or pump less than 1 gallon of fuel in one transaction at participating Huck’s Food and Fuel Stores. Points may not be earned for any purchases of alcohol, tobacco, ATMs, cryptocurrency machines, money orders, gaming, lottery products, gift cards, truck scales services, prime parking, Pilot brand diesel, Huddle House, White Castle, Subway, or other third-party providers’ services.

To receive Points for a qualified purchase, scan the QR code in the app at the register or enter your phone number into the pin pad during your purchase of $1.00 USD or more, or enter your phone number at the fuel pump when prompted to do so of 1 gallon or more. After this verification, the Points to which you are entitled will be applied to your Rewards Account. You can track the Points and Rewards you have already earned and that you may earn in the future by logging into your Rewards Account History.

4. Referral Bonuses

You can also receive extra Points for every friend you refer who joins our Bigg Rewards Program and starts earning Points. Your extra Points will not be awarded until the referred member enrolls in the Bigg Rewards Program and earns their first points or uses your invite code.

You can also share your Huck’s Food and Fuel experience on your personal Facebook page through the App. You have the option to make your comment public, but please note that by making your comment public, we may use your comment on the Website, Facebook page, and/or other social media outlets and you hereby consent to the same.

5. Rewards

By accumulating Points in your Rewards Account, you will earn (a “Reward”), which you may redeem at participating Huck’s Food and Fuel locations. The Reward will be valid for fourteen (14) days. Once you earn a Reward, you may continue accumulating Points towards another Reward. You may only redeem one Reward per transaction regardless of the number of Rewards you have earned in your Rewards Account. No reward may be redeemed until it has been credited to your account. A Reward may not be combined with any other offer or coupon. Specific rewards may expire under the terms of offers established by us. Points do not expire unless the account is inactive for nine (9) months.

6. Termination

Huck’s Food and Fuel has the right at any time, with or without giving you prior notice, to:

end or cancel the Bigg Rewards Program and/or any specific Reward;
change any Reward or other Rewards Program benefit we offer;
change the requirements for earning a particular Reward;
change the time you have in which to earn a particular Reward; and/or
change any other feature of the Rewards Program.

If we end the Bigg Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.

Huck’s Food and Fuel reserves the right to terminate your Rewards Account and/or your participation in the Bigg Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Huck’s Food and Fuel may, in its sole discretion, suspend, cancel, or combine Bigg Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Bigg Rewards Program. Huck’s Food and Fuel also reserves the right to “unregister” and make ineligible for the Bigg Rewards Program any Rewards Account that has been inactive for nine (9) months. Inactive is defined as no Rewards earned.

7. Modifications

Huck’s Food and Fuel may modify these Terms and Conditions from time to time in its sole discretion. When we do, we will notify you by email or otherwise as required under applicable law. It is therefore very important that you update your account information or notify us when your email address changes. Any changes to these Terms and Conditions will also be posted at www.hucks.com. Your continued use of the App or participation in the Bigg Rewards Program after any modification confirms your acceptance of and consent to the modifications.

Additionally, Huck’s Food and Fuel may at any time, for any reason, in its sole discretion, and without notice or liability: (1) modify, suspend, or terminate operation of or access to the App or any portion thereof; (2) change, revise, or modify the App or any portion thereof; (3) interrupt the operation of the App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given above. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App.

8. Content & Use

This App and all content, information, and other materials featured, displayed, contained, and available on the App (the “Content“) are owned by or licensed to Huck’s Food and Fuel and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Huck’s Food and Fuel grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, App or its Content.

You agree to use the App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Huck’s Food and Fuel may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.

9. No Warranties

THE APP, THE CONTENT, AND THE BIGG REWARDS PROGRAMS ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND HUCK’S FOOD AND FUEL HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, HUCK’S FOOD AND FUEL DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

10. Limitations of Liability

IN NO EVENT SHALL HUCK’S FOOD AND FUEL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE BIGG REWARDS PROGRAM REWARDS, OR THESE TERMS AND CONDITIONS, WHETHER OR NOT HUCK’S FOOD AND FUEL MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HUCK’S FOOD AND FUEL AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUCCESSORS AND ASSIGNS WILL NOT BE RESPONSIBLE AND/OR LIABLE TO YOU FOR ANY DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE DAMAGES AND ATTORNEY’S FEES.

11. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HUCK’S FOOD AND FUEL AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY ACTION, PROCEEDING, LOSS, DAMAGE, LIABILITY, CLAIM OR DEMAND, COST OR EXPENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, EXPERTS’ FEES AND COURT COSTS ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS AND CONDITIONS.

12. Notice

When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.

13. International Users

This App is controlled, operated, and administered by Huck’s Food and Fuel from offices within the United States of America and is intended for use only within the United States. We make no representation regarding use of this App outside of the United States. You may not use this App or export any portion of it in violation of United States export laws and regulations. If you access this App from locations outside of the United States of America, you are responsible for compliance with all applicable laws.

14. Dispute Resolution

YOU AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIMS ARISING OUT OF, OR RELATING TO THESE TERMS AND CONDITIONS, APP, REWARDS AND/OR THE BIGG REWARDS PROGRAM BETWEEN YOU AND HUCK’S FOOD AND FUEL WILL BE RESOLVED ONLY BY FINAL AND BINDING CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, RATHER THAN COURT, EXCEPT THAT HUCK’S FOOD AND FUEL MAY TAKE CLAIMS TO SMALL CLAIMS COURT TO BE HELD IN WHITE COUNTY ILLINOIS, IF THE DISPUTE QUALIFIES FOR HEARING BY SUCH A COURT. ANY ARBITRATION HEARING TO TAKE PLACE HEREUNDER SHALL BE CONDUCTED IN WHITE COUNTY, ILLINOIS BEFORE A NEUTRAL ARBITRATOR WITH EXPERIENCE IN COMMERCIAL LAW. THE FEES AND COSTS OF THE ARBITRATION SHALL BE SHARED EQUALLY BY THE PARTIES. HOWEVER, THE ARBITRATOR MAY, IN HIS OR HER DISCRETION, PERMIT THE PREVAILING PARTY TO RECOVER FEES AND COST TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE ARBITRATOR SHALL ISSUE A WRITTEN AWARD, SETTING FORTH THE AWARD AND BASIS THEREFORE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

This agreement to arbitration is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C.§ 227 et seq. or any other statute, regulation, or legal or equitable theory.

15. Governing Law/Venue

This App is governed by and subject to the laws of the State of Illinois and, where applicable, U.S. federal law, without regard to conflict of law principles. To the extent not otherwise addressed by the Dispute Resolution provisions herein, you agree to submit to the exclusive jurisdiction and venue of the courts located in White County, Illinois for any disputes arising out of these Terms and Conditions, the App, or the Bigg Rewards Program. Notwithstanding this provision, you agree that Huck’s Food and Fuel may apply for injunctive or other equitable relief in any court of competent jurisdiction.

16. Privacy

Please review our Privacy Policy located at www.hucks.com (the “Privacy Policy”), which is incorporated herein and also governs your use of the Website and App, to understand Huck’s Food and Fuel privacy practices.

17. General Provisions

All or any of Huck’s Food and Fuel rights and obligations hereunder may be assigned to a subsequent owner or operator of this Website and App in a merger, acquisition or sale of all or substantially all of Huck’s Food and Fuel’s assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Huck’s Food and Fuel failure to act with respect to a breach by you or others does not waive Huck’s Food and Fuel’s right to act with respect to that breach or subsequent or similar breaches. The trademarks included herein, exclusive of Huck’s marks, are those of their respective owners.

Questions

If you have any questions regarding the Website, the App, the Bigg Rewards Program, and/or these Terms and Conditions, you can contact us at: customerservice@hucks.com or by phone at 800-876-2511

Terms and Conditions last updated March, 2020.