Walmart Customer Spark Community Terms of Use

Last Updated: November 08, 2023

Please read these terms carefully. 

This is an agreement between you and Walmart Inc. (“Walmart”) concerning your participation in the Walmart Customer Spark Community (“Spark Community”) and access and use of the Spark Community Sites (“Agreement”).  The “Spark Community Sites” include the website associated with the Spark Community currently located at Walmart - Customer Spark and the materials and services available on or through it, as well as any mobile applications offered by Walmart that provide access to the Spark Community’s functionality and services. 

• By registering for a Spark Community Account (“Spark Account”), and by continuing to use your Spark Community Account and accessing the Spark Community Sites, you consent to this Agreement and affirm that (1) you meet the eligibility criteria for registering for a Spark Account (as discussed below), and (2) you are of legal age to enter into this Agreement. If you violate or do not agree to these terms, do not use the Spark Community Sites as your use of the Spark Community Sites would be unauthorized.

• This Agreement incorporates by reference the Walmart Terms of Use and any other terms and conditions posted by Walmart through the Spark Community Sites.  The Spark Community Sites are deemed to be “Walmart Sites” under the Walmart Terms of Use.  If any conflict arises between this Agreement and any of the foregoing terms, this Agreement, including defined terms, will control and the other terms will not limit the rights granted to or expand the obligations of Walmart under this Agreement. Walmart’s liability under this Agreement is limited by the limitations of liability set forth in the Walmart Terms of Use.

• You acknowledge that any personal information that you provide through or in connection with the Spark Community Sites will be used by Walmart in accordance with the Spark Community Privacy Notice.

Walmart may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Spark Community Sites. Those changes will not apply to a dispute between you and Walmart arising prior to the date on which Walmart posted the revised Agreement incorporating such changes or otherwise notified you of such changes.

Your use of the Spark Community Sites following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. Walmart may, at any time and without liability, modify or discontinue all or part of the Spark Community Sites (including access to the Spark Community Sites via any third-party links); change or modify rewards or payments related to use of the Spark Community Sites; or offer opportunities to some or all Spark Community Sites users.

You will, from time to time, receive information relating to the current and future products, business plans and other sensitive information of Walmart, and Walmart’s suppliers or third parties who participate in the Spark Community (“Walmart Clients”). In order to qualify to participate in the Spark Community, and by registering to participate in it, you agree as follows: As between you and Walmart, all survey questions, results, newsletters, emails, content and other information that you receive from or through Walmart or the Spark Community Sites in the course of your participation in the Spark Community (“Survey Information”) is the property of Walmart. You agree that you will not use Survey Information for any purpose other than to participate in the Spark Community in accordance with Walmart’s instructions. You agree that you will keep Survey Information confidential and will not disclose it to any other entity or person, including any member of your family. You will also take reasonable measures to protect Survey Information that you have received from disclosure to anyone else without Walmart’s express, written permission.

In connection with the Spark Community, you may provide, submit or make available your likeness, including without limitation your name, image, persona, biographical information, performance, actions, statements and other indicia of your identity (your “Likeness”) and content in connection with your Likeness, including photographs, audio, audio-visual recordings, and other materials and content related to your Likeness (“Content”). 

For good and valuable consideration, receipt of which is hereby acknowledged, and with the intention to induce reliance, you have the authority to grant the following rights, waiver, and releases (collectively, the “Release”): (a) you consent, authorize, and grant the right to Walmart, its affiliates, and Walmart Clients (the “Walmart Group”) to record Your Likeness and Content; (b) you consent to, authorize, and grant the Walmart Group a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) right, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify,  and otherwise use your Likeness and Content, whether modified or unmodified, in any format or media now known or hereafter developed for any purpose (including promotional purposes, such as testimonials) and whether using your name, a fictitious name, or no name, (c) you waive any right to see and approve any recording or uses of your Likeness and Content and any materials using your Likeness and/or Content, (d) you agree that your Content and any materials using your Likeness and/or Content are the property of Walmart and you irrevocably assign to Walmart any and all right, title, or interest you may have in your Content and any of those materials, including, but not limited to, all copyright and publicity interests; and (e) you irrevocably release, discharge, and hold harmless each member of the Walmart Group from any claims, demands, or causes of action that you may now have or may hereafter have, including but not limited to, claims for defamation, slander, libel, invasion of privacy or right of publicity, copyright infringement, or any other right arising out of or relating to your Likeness and/or Content.

You further represent and confirm that (i) you can enter a contract in your own name, that you have read and fully understand the terms of this Release, (ii) this Release will be perpetual and binding upon you and your heirs, legal representatives, and assigns, (iii) your granting of the Release do not violate applicable law or any right of any third party; and (iv) any member of the Walmart Group may, at its sole discretion, elect to exercise or not exercise any of its rights under this Release.

In addition to the Content, you may make provide or submit to the Walmart Group survey responses and other materials through or in connection with your use of the Spark Community Sites (“Submissions”), as well as ideas, proposals, or suggestions related to the Spark Community Sites itself (“Feedback”). For all Submissions and Feedback, you hereby grant to the Walmart Group and its affiliates a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submissions and Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).  You further agree that your Submissions and Feedback are not confidential, and that each member of the Walmart Group may use your Submissions and Feedback without attribution.

You represent and warrant that you have all rights necessary to grant the licenses and rights granted in this section.  You agree only to provide Submissions and Feedback that are complete, accurate, and that do not violate applicable law or any right of any third party. 

You are not eligible for a Spark Account if: (a) you violate or do not accept the terms of this Agreement; (b) you live outside the 50 United States; (c) you are under 18 years of age; (d) you are a Walmart employee or associate; (e) you work for (i) for a marketing research firm (or within a company’s marketing research department), (ii) an advertising agency (or within a company’s advertising department), (iii) a mass retailer (e.g., Amazon, Target, etc.), (iv) a warehouse or discount club (e.g., Sam’s Club, Costco, BJ’s, etc.), (v) an online retailer, or (vi) within the corporate offices of a retail company.

As a member of the Spark Community, you are eligible to participate in the Spark Community rewards program and collect points by completing certain activities. You can earn points in the following ways:

• Survey Completion. At Walmart’s discretion, you may be offered the opportunity to complete surveys to earn points. To complete a survey, you must answer all required questions. You will earn points only for each survey successfully completed. 

• Other Activities. At Walmart’s discretion, you may be offered the opportunity to participate in other activities including but not limited to in-depth interviews, focus groups, shop-alongs, and submitting photos and/or videos to earn points. To earn points, you must fully participate for the entire duration of the activity. You will earn points only for each activity successfully completed.

The number of points you can earn for completing a given activity depends on both the length of the activity and the effort required to complete the activity. Walmart may change the number of points awarded for each activity, the activities eligible for points, and the prerequisites for earning or maintaining points previously awarded in its sole discretion. The points you accumulate will be tracked in your Spark Account. Points have no cash value and do not constitute property. You must maintain an active Spark Account, in accordance with Walmart’s Spark Account eligibility criteria (set forth above), to be eligible to earn and redeem points. If you believe that points were not properly accrued to your Spark Account, you must contact sparkcommunity@walmart.com.

Points may be redeemed by clicking the "Redeem" button on the “Rewards” page within your Spark Account. The number of points required to redeem a given reward may be modified by Walmart at any time in its sole discretion. All points redemptions are final. In the event your Spark Account is terminated, your unredeemed points will expire.

This Agreement is effective until terminated. Walmart may terminate or suspend your Spark Account or your use of the Spark Community Sites (or any portion thereof) at any time and without prior notice, for any or no reason, including if Walmart believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Spark Community Sites (or any portion thereof) will immediately cease, and Walmart may, without liability to you or any third party, immediately deactivate or delete your user name, password and Spark Account, and all associated materials, without any obligation to provide any further access to such materials. Sections 1-7 will survive any expiration or termination of this Agreement.