> 4.5.4 Push Notifications must not be required for the app to function, and should not be used for advertising, promotions, or direct marketing purposes or to send sensitive personal or confidential information.
It's a should and not a must... I'm not sure if they enforce all "shoulds." Also, from a review perspective, how could you tell? These sort of notifications are typically triggered after days (or hours) of inactivity, and I don't think they observe your app that long.
If you, as a user, complained about an app doing this to Apple, I wonder if they'd pull it.