Perks - Terms and Conditions

BART Perks Test Program (Phase 2)
User Agreement

(October 1st 2018 – June 30th, 2019)

BART is conducting a “test program” to evaluate the effectiveness of providing rewards to BART riders in exchange for shifting their travel to less crowded times or for travelling more on the evenings and weekends, with the ultimate goal of reducing crowding and improving system efficiency.    Perks will end on June 30th, 2019.   

By participating in the Test Program, User agrees to:          

  • Be bound by the following Agreement Terms and Conditions (including the Privacy Policy), as may from time-to-time be updated by BART and published on www.bart.gov/perks/terms
  • Participate in the Test Program in a good faith and honest manner, with a view towards shifting User’s travel patterns accordingly; and
  • Provide complete, true and accurate information when applying to participate in this Test Program, and to promptly update such information as required to ensure that it remains complete, true and accurate.

1   Eligibility to Participate in Test Program

BART will select up to 2,000 registrants who meet Program eligibility criteria described below. Employees of BART, vendors involved with the implementation of this Program, their immediate family members and/or those living in the same household of any of the aforementioned individuals are not eligible to participate.  All determinations of eligibility shall be made by BART in its sole discretion.

2  Applying to Participate in Test Program

2.1 Registration for participation in the Program is limited to a maximum of 2,000 eligible registrants.  BART reserves the right to limit the Program to fewer than 2,000 registrants.

2.2 Participants will be recruited for the program from lists of individuals who have previously indicated an interest in helping BART with research projects, and from limited outreach to additional riders as necessary to meet program enrollment goals.    Users will be provided with a personalized coupon code to facilitate enrollment. 

2.3 Users can register to participate in the Program by visiting https://perks.bart.gov, and then downloading the BART App from the app store.  User must provide the following:

  • An email address which will also serve as the User’s account user name on the BART Perks Site.
  • A Clipper® Card with an ID number (found on the back of the card).  The Clipper® Card ID number can only be associated with one email address or web account at any given time. User shall only register the Clipper® card that belongs to User and will be used only by User while participating in the Test Program.
  • Their true and full legal name.
  • A personalized program sign-up code. 

2.4 User shall not register more than one Clipper® card under his or her BART Perks account.

2.5 User shall not lend or permit any other person to use his or her registered Clipper® card when participating in the Test Program. 

2.6 User is prohibited from registering more than one online Test Program account.

2.7 Employees of BART or BART vendors directly involved in program implementation, their immediate family members and/or those living in the same household of any of the aforementioned individuals are not eligible to participate.  All determinations of eligibility shall be made by BART in its sole discretion. 

2.8 User may opt out of the test program at any time by clicking “unsubscribe” at the bottom of the Perks pages of the BART app.       

3 Reward Offers

3.1 Rewards will be offered in the form of points.   

3.2 After enrolling in the program, user may receive one or more reward point offers, of three possible types:

  • Shift commute time:   User may receive point offers to shift their time of entry into their most frequently-visited stations to avoid congested periods.  Frequently visited stations will be identified based on their Clipper travel history.   
  • Travel more during evenings and weekends:  User may receive point offers designed to encourage additional trip making on evenings and weekend, or to specific destinations such as the airport. 
  • Surveys:  User may receive occasional point offers for answering survey questions.

3.3 Eligibility to receive such offers will depend on the user’s past travel history, including whether or not the user typically travels during congested periods, user’s past responsiveness to reward offers (for example, if user does not alter their travel time in response to point offers, future offers may be discontinued), and other factors.    

3.4 Users are not guaranteed to receive a point offer during the duration of the program

3.5 Users may earn points for a maximum of three trips taken within the BART system within a calendar day.  Users will not accumulate reward points for any subsequent trips following the third trip taken. 

3.6 In no event will Test Program permit User to accrue more than $499.00 in total rewards throughout the duration of the Test Program. 

4 Redeeming Points and Rewards

4.1 User can redeem earned points for monetary rewards, at a rate of $1 per 200 points by visiting the “redemption” page of the BART app.

4.2 User may select from a variety of gift cards to redeem points.  Points may be redeemed for three levels of gift cards:  $5 (requiring 1,000 points), $10 (requiring 2,000 points) and $20 (requiring 4,000 points). 

4.3  A gift card redemption code will be emailed to the user upon redemption.  A record of the redemption will also appear in the user’s account under “Point History.”   

4.4 Rewards may be redeemed at any time during the test program, but no later than 90 days following the conclusion of the test program.   Any rewards not redeemed within 90 days of the conclusion of the test program will be forfeited and returned to BART. 

4.5 At the conclusion of the test program on June 30th, 2019, if the user’s point balance falls below 1,000 (the minimum amount necessary to redeem a gift card), the remaining point balance will be forfeited and returned to BART.  

4.6 BART may at its sole and absolute discretion, and at any time, decide or change the redemption values or ratios for monetary rewards. 

4.7 In the event that the User's Clipper® card is lost or damaged, User may update his or her BART Perks account with a new Clipper® card subject to review, verification, and approval by BART Perks personnel.

5.  General

5.1 It is User’s sole responsibility to provide BART with current, complete, truthful and accurate information when participating in this Test Program, and to keep such information up-to-date.  User agrees to bear full responsibility for any problems, consequences or liability that may arise, whether directly or indirectly, as a result of User’s failure to provide accurate, truthful, up-to-date or complete information.

5.2 Claims regarding this Program pursuant to Government Code Section 910 et. seq. can be made by submitting a form to BART available at this address:  https://www.bart.gov/sites/default/files/docs/BART_Claim_Insur.pdf

5.3 BART reserves the right at any time to disqualify any User from the Test Program or restrict or terminate his or her access to the Site and/or his or her Test Program account if the User is believed or suspected to have breached any of the Terms and Conditions herein, or has attempted to cheat or circumvent the objectives of this Test Program. 

5.4 Should User be in breach of these Terms and Conditions, BART reserves the right to suspend User’s monetary reward deposits and User’s ability to accrue reward points, and take any and all appropriate action (including legal action) against User for the settlement of monetary payments received under the Program.

5.5 BART reserves the right to publish statistical data from the Test Program, which will consist primarily of aggregated travel behavior data.  BART will not disclose User’s personal data, such as contact details, individual travel history or commuting patterns, except for the purposes specified in the privacy policy (see below).

5.6 BART reserves the right at any time to amend these Terms and Conditions and/or to suspend, discontinue or terminate the Test Program at any time at its absolute discretion providing written notice on the Test Program website or via email.

5.7 Any third party software application or website that User decides to use to complement or enhance his or her participation in the Test Program is subject to any applicable licenses between User and the third party.  BART does not control nor has any responsibility or liability for any third party software application or website User elects to use in connection with this Test Program.

5.8 Any issues with regard to User’s use of gift cards obtained through the program must be addressed with the gift card provider.  BART does not control nor has any responsibility or liability for any issues that User may experience regarding transactions with gift card providers. 

5.9 The Terms and Conditions herein shall be governed by and interpreted in accordance with California law and User hereby agrees to submit to the exclusive jurisdiction of California courts.

5.10 User shall be responsible for determining the amount of taxes, if any, that are applicable to monetary rewards User receives as a result of User’s participation in this Test Program and in collecting, reporting and remitting the correct tax amount to the appropriate tax authorities.  BART is not responsible for determining whether taxes apply to any of User’s transactions, or for collecting, reporting or remitting any taxes arising from any transaction.

5.11 BART is not responsible for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, war, strikes, revolutions, lack or failure of transportation facilities, laws or governmental regulations or other causes that are beyond BART’s reasonable control. In the event of such a failure, BART’s obligations shall be suspended until BART is able to perform.

5.12 To the extent permitted by law, BART shall not be held responsible or liable for lost, late, misdirected, illegible, or mutilated registration entries, or for theft, destruction or unauthorized access to, or alteration of, transactions and records in the User’s account provided in this Test Program.

5.13 User assumes all liability for loss, damage, costs or expenses whatsoever (including, without limitation, any consequential, indirect, special, punitive or incidental damages) arising out of or in connection with the Test Program or any activity related thereto.

5.14 By participating in the Test Program, User agrees to indemnify and hold harmless BART, its vendors, subsidiaries, affiliates, directors, officers, employees, and agencies against any and all claims as well as liability arising out of participation in the Test Program or any Test Program-related activity, including User’s use or misuse of Program reward redemptions. 

5.15  BART assumes no responsibility and shall not be liable for any loss or damage to the User caused by any error, omission, interruption, intrusion, deletion, defect, delay, breakdown, malfunction, failure or outage in any system operation, transmission of data, telephone network or lines, hardware, computer online systems, servers, providers, computer equipment, software, or browsers, whether on the account of traffic congestion on the Internet or at any website, data loss, hardware, theft, destruction or unauthorized access to or alterations of Test Program data, any other technical issue, or on account of any combination of the foregoing, to the extent permitted by law. 

5.16 While BART has made efforts in good faith to protect User’s information, User acknowledges that User participates in the Test Program at User’s own risk.

5.17 User may not transfer or assign this Agreement at any time.  A person who is not a party to this Agreement does not have any rights under or in connection with it.

5.18 BART’s failure to enforce any provision of this Agreement will not be deemed a waiver of BART’s ability to enforce the same provision of the Agreement at a future date.

5.19 If any provision of this Agreement is found illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

5.20 This Agreement, including any policies referenced therein set forth the entire understanding between User and BART with respect to User’s participation in the Test Program as well as User’s access and use of the Site.

5.21 User acknowledges that, as a Program participant, neither User, nor any member of its household, is an employee, consultant, or representative of BART, nor an employee, consultant, or representative of any of the vendors directly involved in program implementation.   

6. Privacy Policy

This Privacy Policy governs the manner in which the Site collects, uses, maintains and discloses information collected from Users who access the Site. This Privacy Policy applies to the Site and all products and services offered by the Site.

6.1 Data collection:  Consistent with the BART Mobile Applications & Related Modifications to BART.gov Surveillance Use Policy, BART collects the following data through the Perks program:

  • Name
  • Email address
  • Clipper card details (serial number, entry/exit, timestamps)
  • User name
  • Password

6.2 BART may collect non-personal metadata about User when User accesses the Site. Metadata may include the User’s browser name, or the type of computer and technical information about User’s means of connection to the Site, such as the operating system, the internet service providers utilized and other similar information.

6.3 The Site collects and uses information collected from User for the following purposes:

  • To provide incentives to encourage transit system use, off-peak ridership, frequency, and to reduce crowding
  • To redeem incentives:  To provide BART riders with the ability to redeem incentives such as select gift cards
  • To provide transit information and communication
  • To conduct BART surveys
  • To perform transit system analysis.  For the Perks program, this includes evaluating the effectiveness of the program in meeting its objectives and evaluating future program feasibility.   The aggregate results of the analysis may be published to substantiate research reports.   
  • To support independent, non-commercial academic or public agency research on the effectiveness of incentives in shifting travel behavior.   Any data provided to Universities or public agencies for this purpose will be subject to a non-disclosure agreement and will not contain user identifying information (emails and Clipper card numbers).   

6.4  Data protection:  Data will be protected as defined in the BART Mobile Applications Surveillance Use Policy.   This includes using encryption technology to transmit any Personally Identifiable Information. 

6.5 Data access:   Access to the BART applications data is limited to authorized BART employees, BART service providers and the BART Advertising Franchise. 

6.6 The Site and App may use "cookies" to enhance User experience. User’s web browser may place cookies on User’s computer hard drive for record-keeping purposes and sometimes track information about User. User may choose to set his or her web browser to refuse cookies, or to alert User when cookies are being sent to the Site and App.  If User chooses to do so, some parts of the Site and App may not function properly for User.

6.7 BART will not sell or trade User’s personally identifiable information to third parties. 

6.8 BART has the discretion to update this Privacy Policy at any time and will update the Site and App so that User is aware of the types of information collected, how it is used and under what circumstances it is disclosed.  BART encourages User to periodically check Site and App for any updates. User acknowledges and agrees that it is his or her responsibility to review this Privacy Policy periodically and to stay apprised of any amendments. 

6.9 This Privacy Policy is effective October 1st, 2018. 

7 Contacting Us

If User has customer service questions, or any questions about the Agreement Terms and Conditions, Privacy Policy, or general Program Inquiries User can contact BART at perks@bart.gov.

8 User Acceptance of Agreement Terms and Conditions

User signifies his or her acceptance of the Agreement’s Terms and Conditions (including the Privacy Policy).  User's continued use of the Site and App and/or participation in the Test Program, following the posting of any changes to these Terms and Conditions (including the Privacy Policy) will be deemed User’s acceptance of those changes.