My Husky Rewards

Program Overview

The myHusky Rewards™ program (the "Program") is a loyalty reward program offered by Husky Oil Marketing Company, a Division of Husky Oil Operations Limited ("Husky", "us", "our" or "we") to customers of participating Husky©, Husky Travel Centers, and Husky House© Restaurant locations, (collectively, the "Stores" or each individually a "Store") and online at myHuskyrewards.ca and myHusky.ca. The Program is administered by AIMIA Proprietary Loyalty Canada Inc. ("AIMIA"), (the "Program Administrator").

The Program allows persons who have completed the membership registration steps in accordance with these Terms and Conditions as updated from time to time (the "Terms and Conditions") and who have been issued a myHusky Rewards Loyalty Card (the "Program Members" or "Members") to collect points ("Points") when making purchases at the pump or in-store ("Eligible Purchases"), and to redeem these Points for rewards, benefits and/or rebates offered by Husky from time to time as described in these Terms and Conditions.

From time to time, Husky may designate partners with whom Members will be able to collect or redeem Points in the Program (the "Program Partners" or "Partners") with such collection and redemption governed by these Terms and Conditions, except as otherwise expressly provided.

Participation in the Program - Membership Registration

  1. Membership is absolutely free and no purchase is required in order to become a Member

  2. To participate in the Program, you must be a legal resident of Canada or the United States. Minors over the age of 13 years may participate under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions and who registers for the Program as specified herein. In order to participate, minors over age 13 must register as a household member under a parent’s or legal guardian’s master account. If you are a parent/guardian of a Minor, you must supervise the Minor’s participation in the Program. You will be liable for the actions of the Minor in relation to the Program to extent applicable at law. Enrollment in the Program is subject to verification and will be deemed invalid if any information provided is not true and /or incomplete. As outlined in these Terms and Conditions, the Program operates only in Canada (Points may be earned at participating Stores) and is void where prohibited.

  3. To become a Member and start earning Points, simply ask a Store employee for a myHusky Rewards card (a "Card"). If you are eligible to participate in the Program under these Terms and Conditions, a Card will then be presented to you and you can start earning Points on Eligible Purchases in participating Stores immediately. Members can make up to five (5) purchases and earn Points on their new Card without registering, however, no redemptions may be made and, after five (5) purchases, the Card will be suspended, and no further Points may be earned, until registration has been completed.

  4. To enroll your Card in the Program, visit www.myHuskyrewards.ca or contact the myHusky Rewards Customer Service Centre at 1-855-MYHUSKY (1-855-694-8759) and complete the registration form. To become a valid Member and open your myHusky Rewards Account ("myHusky Rewards Account" or "Account"), you must complete the registration process by providing complete and accurate information. At a minimum, you must provide your first name, last name and a valid email address. No more than two members are permitted to register under the same email address. If you do not have a valid email address, you must provide a valid phone number (including area code). Only one myHusky Rewards Account is permitted per person. As a final step, you must indicate your acceptance of these Terms and Conditions.

  5. The Card is not a credit, debit or gift card. The Card is the property of Husky and it may be revoked at any time and without notice by Husky if a Member violates these Terms and Conditions, misuses or abuses the Program, commits fraud, all as determined by Husky in its sole and absolute discretion, and/or takes any other actions deemed by Husky to be contrary to the Program or the interests of its Members or Partners.

  6. Except as herein provided, Points are not transferable from one Account to another and may only be redeemed by individual Members.

  7. Household Accounts: Members living at the same address may combine their Points in a single "Household Account". Only persons with the same mailing address may register or collect points together using a Household Account. To register a Household Account, the Account of one member of a household is identified by that Program Member to Husky as the "Master Account". The “Master Account” is the only account authorized to make any changes. All other enrolled Members in the household may then choose, with the consent of the Master Account holder, to combine the Point total in their existing Account with the Point total in the Master Account. The Card of a Member who joins a Household Account is subsequently termed an "Additional Household Card". The holder of the Master Account may also request up to five (5) Additional Household Card(s) be issued as the Card for another eligible member(s) of the household to allow that other eligible Member of the household to collect Points and accumulate them in the Master Account. Up to a total of six (6) Cards may be registered as a single Household Account, and will, after registration, be considered as one Account. For greater certainty, no more than six (6) persons may accumulate Points together using a Household Account. To qualify to register as a Household Account, all Members must have the same mailing address and Additional Household Cards or Member Accounts must be enrolled by the Member who holds the Master Account. All persons who have an Additional Household Card associated with a Household Account have the ability to redeem Points on the Household Account. The Household Account can have redemption privileges for either all of the additional household account holders or none of them and this permission is provided by the Master Account holder. So long as any one Additional Household Card associated with a Household Account remains active, the Points in that Household Account will not expire.

    Household Accounts may be "disbanded" by the Master Account holder, (meaning that the Account ceases to operate as a Household Account and reverts to single Member Account status), and/or the Master Account holder may remove any one or more holders of an Additional Household Card from the Household Account. The holder of an Additional Household Account may decide to leave the Household Account. In the Event a Household Account is disbanded, or in the event a holder of an Additional Household Card leaves the Household Account, for any reason, then the Points in that Household Account remain in the Master Account. Following such an event, the Points in the Household Account may be redeemed only by the Master Account holder and any other remaining holders of Additional Household Cards, if any. Membership benefits apply only to the individual myHusky Rewards Account holder. Account information, including, but not limited to, the myHusky Rewards Account password should be protected and kept secure.

  8. You must advise us immediately of any changes to your Personal Information (as defined below) including your name and e-mail address by visiting www.myHuskyrewards.ca or by contacting us at 1-855-MYHUSKY (1-855-694-8759). Husky will not be liable for misdirected email or mail communications, including any notices under these Terms and Conditions or any consequences thereof where your Personal Information is inaccurate or no longer valid. If we believe that some of our records are inaccurate, we may contact you to verify our records. We reserve the right to cancel any Account for which we determine we have incomplete or inaccurate Personal Information and all Points redemptions on that Account may be blocked and any Points awarded may be forfeited. The submission of false or fictitious Personal Information will result in all the Points accumulated on an Account being forfeited.

  9. Husky reserves the right to refuse issuance of a Card or a Member Account to any person who does not follow the required registration procedures.

  10. By using the Card you acknowledge and agree to be bound by, and consent to the collection and use of your Personal Information in accordance with these Terms and Conditions. If you are the parent/guardian of a Minor Member, you hereby consent to the collection and use of Personal Information about the Minor as a condition of the Minor participating in the Program.

  11. Program Membership is only available to individuals. Program Membership will not be available to corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, unless written approval is received in advance from Husky, in its sole discretion. Points will not be awarded if in Husky’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any Points awarded on such purchases will be forfeited.

  12. We reserve the right, at any time, to request proof of age from any Member or in connection with any Account. If such proof is not provided, or if it is provided and is false, or discloses that a member is under the age of 13, all Personal Information regarding that individual may be deleted from our system and the Membership may be terminated, including the immediate forfeiture of all Points.

Collection of myHusky Rewards Points

  1. To collect Points following registration, you must make Eligible Purchases by either presenting your personal valid Card in-store or entering your Card in the Card reader at the pump. Any unauthorized reproduction of the Card may lead to legal prosecution and forfeiture of all Points and Membership in the Program.

    At Cash, In-store: The Member’s personal Card must be presented to the cashier before the Eligible Purchase transaction is completed.

    At Pump: The Member’s personal Card must be entered, swiped or scanned at the pump before the transaction for an Eligible Purchase is initiated.

  2. Points may be awarded retroactively by calling the myHusky Rewards Customer Service Centre at 1-855-MYHUSKY (1-855-694-8759) within 90 days of the date of the original Eligible Purchase. For Points to be awarded, the Member must provide the store number, terminal number and transaction number found on their purchase receipt.

  3. Points will be awarded on all Eligible Purchases made at participating Stores in Canada, excluding tobacco products, Husky® Gift Cards, taxes on non-petroleum purchases, liquor, payment of in-station accounts or any other items specified as exclusions from time to time by Husky or a Partner in their sole discretion, or required to be excluded by law, and without any other advance notice.

    Until otherwise determined by Husky in its sole discretion, Points will be awarded as follows:

    Regular Fuel (lowest available grade, diesel, propane & Natural gas) 1 Point per litre
    Premium gasoline (all other available grades) 2 Points per litre
    Eligible Convenience Store purchases 2 Points per $1
    Car Wash 2 Points per $1
    Husky House Restaurant 2 Points per $1
    Cardlock Fuel (for commercial drivers only) 5 Points per 20 litres

    For Cardlock rewards, the threshold for Point collection is 20 litres, increasing by increments of 20 litres. If a purchase is made that is less than the 20 litre increment, no Points will be awarded. For example, if 40 litres were pumped, the Member will receive 10 points. If 45 litres were pumped, the Member will receive 10 Points.

    If you have questions about the current Terms and Conditions please call 1-855-MYHUSKY (1-855-694-8759).

  4. If a Member is also a BCAA member, a single Eligible Purchase may be eligible for BCAA benefits or myHusky Rewards Points, but not both. A Member may choose whether to earn BCAA benefits or myHusky Rewards Points by presenting the applicable card at the time of the purchase.

  5. The number of Points earned on an Eligible Purchase will be calculated separately on the subtotal, before tax, of each eligible purchase for convenience store, car wash, or restaurant product or service; or, in the case of fuel, on the quantity of fuel in litres. Each subtotal or litres amount will be multiplied by the applicable Point rate (see paragraph 15 above). Points are awarded only in whole numbers; fractions of Points are not issued. If the result of the multiplication is not a whole number, the result will be rounded to a whole number using the "Bankers Rounding" method. Results with a fractional part less than 0.5 will be rounded down to the nearest whole Point; for example, 5.4 will be rounded to 5. Results with a fractional part greater than 0.5 will be rounded up to the nearest whole Point; for example, 7.6 will be rounded to 8. Results with a fractional part exactly equal to 0.5 will be rounded to the nearest whole Point that is an even number. For example, a result of 2.5 will be rounded down to 2, the nearest even whole Point. A result of 3.5 will be rounded up to 4, the nearest even whole Point. The total Points that the Member will earn on their Purchases is the total of all of the rounded, whole Points earned on each subtotal or litres amount.

    Example calculation:

    Purchase Category Purchase amount Pre-rounded Points Rounded Whole Points Explanation
    100 litres regular fuel Regular Fuel 100 litres 100 100 100 litres of fuel x 1 point per litre = 100 Points
    Coffee Eligible Convenience Store Purchases $1.35 2.7 3 $1.35 pre-tax Purchase x 2 Points per dollar = 2.7 Points. Because the fractional part is greater than 0.5, Points are rounded up to 3 whole Points
    Regular car wash Car Wash $8.75 17.5 18 $8.75 pre-tax Purchase x 2 Points per dollar = 17.5 Points. Because the fractional part is exactly 0.5, Points are rounded to the nearest even whole Point, in this case 18 Points.
    Total Points for the above Purchases: 121 The total of the Rounded Whole Points for each subtotal, 100 + 3 + 18 = 121.
  6. MyHusky Rewards may offer special promotions from time to time offering additional Points ("Bonus Points"). Such Bonus Points, once awarded, shall form part of the Member's Points balance. These terms and conditions shall apply to such offers, along with any additional terms and conditions that accompany the offer, unless you are notified otherwise. On occasion, Husky may load points into your account that if not used within the stated promotional period, will be removed.

  7. For greater certainty, Points for fuel purchases are awarded on a per litre basis, and fuel purchases are not treated as eligible convenience store purchases for which Points are calculated based on their dollar value.

  8. All Points awarded for an Eligible Purchase as well as the Member's current Points balance are shown on the cash register receipt for each purchase when a Card is presented, either in-store or at the pump, upon the completion of the purchase transaction. If Points do not appear on a receipt due to a technical failure, they will be updated on the cash register receipt at a later purchase transaction date. On occasion, Bonus Points will be issued for a particular purchase or activity after the purchase or activity has taken place. In this case, Points will be updated on the cash register receipt at a later purchase transaction date. Members may also access their Points balance online at www.myHuskyrewards.ca or by calling the myHusky Rewards Customer Service Centre at 1-855-MYHUSKY (1-855-694-8759)

  9. Returns and Exchanges. If a Member returns or exchanges an Eligible Purchase in accordance with an applicable return or exchange policy, any Points, and if applicable Bonus Points, previously earned on that Eligible Purchase will be deducted automatically from the Member's Account. The Member will be reimbursed for the Eligible Purchase price shown on the receipt and in accordance with the applicable return or exchange policy.

  10. In the case of a discrepancy between customer records and our internal database, Husky records govern. Discrepancies must be addressed with the myHusky Rewards Customer Service Centre within ninety [90] days of the date on which the discrepancy occurred. Husky reserves the right to restrict Points accumulations and redemptions or put a "Freeze" on Points for up to ninety [90] days from the date the Points are posted to an Account if Husky has reasonable belief that fraud has occurred or if there is an actual or suspected breach of the Terms and Conditions.

  11. Points are reduced to zero upon closure of a Program Membership or an Account.

  12. Upon the death of a member, their points will be transferred to their designated beneficiary. The personal bankruptcy of a Member will result in the Member's Account being closed and any Points in the Account will be forfeited. Points are not divisible in the case of divorce; the points will remain with the Master Account Holder.

  13. (a) If a Member's Account has no activity (accumulation or redemption of Points) for 18 consecutive calendar months, the Membership will be deemed to be inactive and all accumulated Points will be suspended. Suspended Points will be maintained in the Account for 60 days pending potential Account reinstatement to active status. Accounts will be returned to active status if the Member makes an Eligible Purchase or a valid redemption of Points during the 60 day period following Account inactivation. If after 60 days, the suspended Points have not been reinstated, the Points will be terminated, at the sole and absolute discretion of Husky. The activity of transferring Points under any promotion in existence from time to time does not constitute Account activity.
    (b) If a member’s account is suspended due to fraudulent activity, all points associated with the account will be suspended. Suspended points will remain in the account for 30 days pending potential Account reinstatement to active status. Suspended Accounts will be reinstated or terminated at the sole discretion of Husky.

  14. All Points are subject to verification at any time. Husky reserves the right, in its sole and absolute discretion, to invalidate any Points it deems to have been awarded in error, or as the result of any fraudulent activity, or any activity not in keeping with the letter and/or spirit of these Terms and Conditions, as interpreted by Husky in its sole and absolute discretion.

Redemption of Points

  1. (a) Points may be redeemed for rewards consisting of a predetermined dollar discount reward off a purchase in-store or at the pump, at participating Stores and in accordance with the Points redemption schedule in force on the date when the Points are redeemed by the Member ("Redemption Transaction"). Points are redeemed in the order in which they are earned.

    The following redemption schedule is provided for illustrative purposes only. The current Points redemption schedule is available at www.myHuskyrewards.ca.

    Rewards towards purchase
    (fuel and convenience store)
    Points
    $2 (limited time offer) 350
    $5 715
    $10 1430
    $20 2860
    $30 4290
    $40 5720
    $50 7150

    Points will not be awarded on the portion of the Redemption Transaction paid for by the redemption of Points. From time to time, special promotions may be run during which one or more redemption level(s) may temporarily be altered and/or suspended, new redemption levels added or Points may be redeemed directly towards the purchase of specific products or services. Promotions may vary from Store to Store and between in-store, pump and online.

    (b) Husky may, from time to time, offer supplementary programs, rewards, benefits or promotions related to the Program, including in conjunction with third party suppliers of goods or services. These terms and conditions shall apply to such offers, along with any additional terms and conditions that accompany the offer, unless you are notified otherwise.

    (c) Points may not be redeemed for tobacco products, liquor, or any other items specified as exclusions from time to time by Husky or a Partner in their sole discretion and without any other advance notice.

    (d) Points may not be redeemed for lottery tickets unless you have reached the age of majority in your jurisdiction.

  2. In accordance with Federal and Provincial tax legislation, GST, PST, HST and any other applicable taxes are calculated and payable by the Member on the full amount of the purchase price of the item subject to a dollar discount reward during a Redemption Transaction.

  3. Husky will pay all applicable taxes on the rewards redeemed (except for taxes on flights or environmental taxes, or as otherwise advised by Husky). You may be required to pay additional fees such as, but not limited to, deposits, booking fees, fuel surcharges, excess baggage charges, auto installation fees, and other costs.

  4. Points cannot be used as payment for any outstanding HuskyPro MasterCard balance or any other outstanding balance on any other Husky credit or financial product.

  5. In Store and at the pump, Points may be redeemed in $5, $10, $15, $20, $25, $30, $35, $40, $45, and $50 redemption levels ("Increments"). A Member's Points balance will be reduced by the number of Points required to obtain the desired Point redemption Increment. Unredeemed Points plus any Points awarded in the current Redemption Transaction (in respect of the portion of the Redemption Transaction not paid by the redemption of Points) will remain in the Member's Account and can be applied to a subsequent Redemption Transaction.

  6. Points can only be redeemed if the required Point redemption Increment is attained prior to the Redemption Transaction. A Member may not make more than two redemptions, at any redemption Increment, within one day. Only one redemption is available per transaction.

  7. When redeeming Points at the pump, Husky will automatically select the highest eligible Points redemption Increment that the Member qualifies for, based on the number of Points in their Account, up to the maximum of $50.00. The Member's Account must have the appropriate number of Points available for redemption to occur. If the Member has selected to redeem a value Increment but pumps LESS THAN the value Increment selected, the total cost of the transaction will be charged to the method of payment being used for the transaction. No Points will be withdrawn from the Member's Account. If the Member has selected to redeem a value and pumps MORE THAN the redemption value chosen, the difference in value between the redemption Increment and the total purchase will be charged to the method of payment being used and Points will be awarded on this portion of the transaction.

  8. In Store, Points may be redeemed for all items offered for sale except as provided in clause 28(c) When redeeming Points in-store, the Member will be offered redemption if the balance in their Account is greater than or equal to the minimum redemption. There is a maximum redemption Increment of $50.00 for in-store redemptions.

  9. Husky may also offer an online catalogue of merchandise and/or services ("items") that Members may choose to redeem their Points to receive. All such redemptions are subject to availability at the time of the redemption request. The current catalogue, and the Points required for each item, will be posted online at www.myHuskyrewards.ca, and updated on a periodic basis. Husky may cease to offer such Items, and may, in its sole discretion, substitute a similar Item of equivalent value. Husky does not guarantee that any particular Item will remain available so long as it appears in the catalogue.

  10. Members redeem Points for items identified in the online catalogue by visiting myhuskyrewards.ca and proceeding through the online checkout process. The Member will be required to place the desired Item in the online basket and follow the online instructions to redeem the number of points required for the Item selected as provided in the online catalogue. Once the Item redemption request is successfully processed, the applicable Item will be delivered to the Member by mail using the address specified at the time of order. If you are the parent/guardian of a Minor Member, you are responsible for supervising the selection and redemption of prizes by the Minor Member.

  11. Points may not be collected or redeemed by any person other than the myHusky Rewards Member. A Member must present his/her Card when redeeming Points to protect the integrity of the Member's Points balance. Proof of Card ownership may be required, at the request of Husky, or a Store employee.

  12. You must notify Husky immediately if your Card is lost or stolen. Contact us at 1-855-MYHUSKY (1-855-694-8759) to ensure a replacement Card is properly issued to the correct person, and that all Points in your Account are accessible only by you. Upon verification of proper identification, a new Card will be provided to the Member by the myHusky Rewards Customer Service Centre or in-store, respectively. The accumulated unredeemed Points balance will be transferred to the new Card.

  13. If a Member reports their Card lost or stolen, any redemptions made against the accumulated Points in the Account after such notification will not be charged to the Member. Husky assumes no liability or responsibility for Points redeemed by any person(s) prior to the notification to the myHusky Rewards Customer Service Centre that the Card is lost or stolen. Any Points redeemed prior to notification shall be at the Member's risk.

  14. Husky will not be liable or responsible in any manner for any tax consequences or any charge imposed by or with the authority of any government, which may flow from any participation in the Program.

  15. From time to time, Husky may advertise or offer exclusive offers to select Members to redeem Points for items other than a discount reward, or receive other benefits or discounts.

  16. Points have no cash value and are not exchangeable for cash. Except as permitted from time to time by Husky at www.myHuskyrewards.ca, Points cannot be assigned, exchanged, sold, traded, bartered, purchased, given by gift or otherwise sold. Any Points so acquired are void. The accumulation of Points does not entitle the Member to any vested rights, and Husky and/or the Program Partners do not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. Husky assumes no liability to Members with respect to the addition or deletion of Program Partners or items for which Points can be collected and/or redeemed.

Privacy

  1. We are committed to protecting your privacy. All Member personal information ("Personal Information") will be subject to the Privacy Statement available at www.myHuskyrewards.ca as amended from time to time in accordance with its terms.

    Without limitation, Member Personal Information may be used to administer the Program and to understand Program Members' shopping and information needs and preferences, and to offer Members relevant information, products, services and rewards to meet those needs and interests.

General Information

  1. The Program begins on April 2, 2012 and will terminate at 11:59 p.m. on December 31, 2012 (the "Termination Date"). At 12:00 a.m. on the first day following the Termination Date or the Renewed Termination Date (defined below), (the "Renewal Date"), the Program will be renewed automatically for successive terms of six (6) months following the Renewal Date (the "Renewed Termination Date") and the Member's Points will be maintained unless:

    • Husky gives notice by e-mail or regular mail to the Program Members, at least thirty (30) days before the Termination Date or the Renewed Termination Date that the Program will not be renewed ("Notice of Termination"). In this case, all Points collected by Members will be redeemable for a minimum of sixty (60) days after the Termination Date or the Renewed Termination Date, as the case may be; OR
    • The Member notifies Husky that he/she no longer wishes to be a Member. A Member may notify Husky by email at myHuskyrewards@huskyenergy.com, by registered mail at 707 8th Avenue S.W, Box 6525 Station D, Calgary, Alberta, T2P 3G7, Attention: myHusky Rewards Program, or by calling the myHusky Rewards Customer Service at 1-855-MYHUSKY (1-855-694-8759).
  2. If Husky gives a Notice of Termination, it may, in its sole discretion, establish a replacement program.

  3. If events beyond Husky's control materially affect Husky's ability to operate the Program, as determined in the sole and absolute discretion of Husky, the Program may be suspended or terminated without notice.

  4. Husky reserves the right to restrict, suspend or otherwise change any aspect of the Program or these Terms and Conditions. We may modify in whole or in part the Program or these Terms and Conditions at any time. In the event these Terms and Conditions, or any aspect of the Program is restricted, suspended or changed, we will provide advance notice by posting the amended Terms and Conditions on the Program website. Your continued participation in the Program following such notice will constitute your express consent to any amendments to these Terms and Conditions, or any other aspect of the Program.

  5. Your acceptance of the Terms and Conditions on-line and/or first time usage of a Card constitutes your agreement to all the Terms and Conditions of the Program.

  6. Any abuse by a Member of the Program's privileges, any failure by a Member to follow the Program's Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated Points.

  7. Every effort has been made to ensure that the information herein is correct. Husky is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on the Program website.

  8. Any waiver by Husky of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of Husky as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by Husky in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.

  9. These Terms and Conditions shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein, notwithstanding the principles of conflicts of laws. All Members attorn to the jurisdiction of the Province of Alberta. Husky has the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Program.

  10. Members and parent/guardians of Minor Members agree that Husky will not be responsible for any reward, rebate or any other benefit provided by a Program Partner or any other third party participating in the Program and as such, releases Husky, the Program Administrator, suppliers, and their respective parent, affiliates, divisions, related companies, and all of our and their respective officers, directors, owners and employees, (collectively "Releases") from any and all liability and claims arising from or connected to such reward, rebate or benefit, including the collection, redemption and use thereof as well as any loss or damage caused by such reward, rebate or benefit. Husky or any of the above mentioned Releases shall not be responsible for any delay in the shipping of rewards. TO THE EXTENT PERMITTED BY LAW, ALL ASPECTS OF THE PROGRAM AND EVERYTHING ON ANY PROGRAM PARTNERS' SITE IS PROVIDED "AS IS" WITHOUT ANY CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

  11. By participating in this Program, and by consenting to a Minor's participation in this Program, you agree that: (i) you will contact us directly and give us the opportunity to try to resolve any and all disputes before you take any action in court, or otherwise; (ii) any and all disputes, claims and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action; (iii) any and all claims, judgments and awards shall in no event include legal fees; and (iv) and to the extent permitted by Law, under no circumstances will Member be permitted to obtain awards for, and Member hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

  12. In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.

"HUSKY, Husky House, myHusky.ca, myHusky Rewards are trade-marks owned or used under licence by Husky Oil Marketing Company, a Division of Husky Oil Operations Limited."