Terms and Conditions of Use
1. ACCEPTANCE OF CONTRACT TERMS
The following are terms of a legal agreement between you and 7‑Eleven. By downloading or using an App or by accessing, browsing and/or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use the Sites or any App.
The material provided on the Sites is protected by law, including, but not limited to United States Copyright and Trademark laws, and international treaties. The Sites are controlled and operated by 7‑Eleven from its offices within the United States. 7‑Eleven makes no representation that materials in the Sites are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access the Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. See below for further copyright and trademark information.
Any software available from the Sites is subject to the export controls of the United States of America and may not be downloaded or otherwise exported or re-exported into any country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or to any person or entity subject to such restrictions by the U.S. government.
2. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
2.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Apps and the Sites belong to 7‑Eleven or the original creator of the material. Further, all names, images, pictures, logos and icons on the Sites and Apps are proprietary marks of 7‑Eleven or by the original creator of the material. The compilation of all content, including the look and feel of the Apps and Sites, is the exclusive property of 7‑Eleven and is protected by U.S. copyright law. Except as may be expressly provided herein, nothing contained in these Terms and Conditions of Use or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.
2.2 You are hereby granted a personal, non-exclusive, non-transferable, limited license to: (i) use the Apps on your mobile device for your personal non-commercial use only; and (ii) view the Sites, and to print insignificant portions of materials retrieved from the Sites provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Apps or the Sites. Further, you may not reproduce any part of the Apps or the Sites.
2.3 You also may not, without the permission of 7‑Eleven, Inc. "mirror" any material contained on the Sites on any other server. Any unauthorized use of any material contained on the Sites or Apps may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2.4 All submissions, suggestions, ideas, artwork, or other information (the "Submission") communicated to 7‑Eleven through the Sites or Apps become the property of 7‑Eleven. 7‑Eleven is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future 7‑Eleven endeavors.
7‑Eleven will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe.
You acknowledge that you are responsible for whatever material you submit, and that you, not 7‑Eleven, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright. 7‑Eleven reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content. 7‑Eleven has the right but not the obligation to monitor and edit or remove any activity or content. 7‑Eleven takes no responsibility and assumes no liability for any content posted by you or any third party.
2.5 The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Sites or Apps are registered and unregistered Trademarks of 7‑Eleven and others. Nothing on the Sites or any App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites or Apps, without the written permission of the Trademark owner.
7‑Eleven aggressively enforces its intellectual property rights to the fullest extent of the law. The name of 7‑Eleven, Inc., Slurpee or the 7‑Eleven logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Sites or any App, without prior, written permission. 7‑Eleven prohibits use of the 7‑Eleven logo as a "hot" link to any site, including 7‑Eleven sites, unless establishment of such a link is approved in advance by 7‑Eleven in writing.
A partial list of U.S. Trademarks owned by 7‑Eleven follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of 7‑Eleven should be referred to 7‑Eleven. 7‑Eleven®, 7‑Eleven Logo®, 7‑Eleven Bakery Stix®, 7‑Eleven Café CoolerTM, 7‑Eleven Convenience Card®, 7‑Eleven Speak Out®, 7‑Eleven Go-Go Taquitos & Design®, 7‑Eleven Travel Brew®, 7‑Eleven & Tri-Color Stripe Design®, 7‑Eleven Value+®, 7‑Eleven Weekend Rewards®, 7‑Eleven Früt CoolerTM, 1/4 Pound Big Bite®, 1/4 lb. Burger Big Bite®, A Good ID Is a Good Idea®, Bacon Cheeseburger Big Bite®, Become An E-Shopper®, Big Bite®, Big Brew®, Big Gulp®, Big Eats Bakery®, Big Eats Deli®, Big Un®, Biggest Big BiteTM, BrainFreeze®, Breakfast Bite®, Café 7‑Eleven®, Café Select®, Candy Gulp®, Casa Buena®, Car Gulp®, Come of Age®, Connections From 7‑Eleven®, The Coolest Thing on EarthTM, Dashboard Diner®, Dashboard DiningTM, Deli Central Warm-UpsTM, Deli Shoppe®, Design-Bracket®, Dine On The Dash But Stash Your Trash®, Dining Easy®, Double Gulp®, El TacoTM, Everyday Convenience for People on The Go®, Freeze Your Beans®, Frostilla Vanilla®, Garden Gulp®, Gummi Gulp®, Gulp®, Gulpster®, Heaven Sent®, ID Zone & Design®, I.Gear/7‑Eleven & Design®, Igear Specs®, Jalapeno Cheeseburger Big Bite®, Miscellaneous Stripes Design®, Miscellaneous Swirl Design®, Morning Perks®, Nutri-Heaven®, Oh Bank HeavenTM, Oh Thank Heaven®, Oh Thank Heaven for 7‑Eleven®, Operation Chill®, People Who Read Achieve®, Quality Classic Selection®, Santiago Cerveza De Oro®, Seed-Spittin' Watermelon®, Slurp & Gulp®, Slurpee Infused Gum®, Slurp®, Slurpee®, Slurpee Ice®, Slurpee Splitz-O®, Slurpee Strata®, Slurpee Sours®, Smackin' Sour Apple®, Splitz-O Cup Design®, Smokie Big Bite®, Snappix®, Spicy Bite®, Sport Gulp®, Strata-Fy®, Super-7®, Super Big Bite®, Super Big Gulp®, Super Big Gulp Plus®, Super Big SubTM, Super Slurpee®, Super Slurpee Strata®, Take It & Shake It®, The PitaTM, The Ultimate Cool®, Triple Splitz-O Cup Design®, Triple Splitz-O®, Truck Stopper®, Turkey Big Bite®, Vcom®, Value+®, World Ovens®, X-Treme Gulp 7‑Eleven & Design®, You Are What You GulpTM
3. LINKS TO THIRD PARTY SITES
4. EFFECTIVE DATE, MODIFICATION; CHANGES TO SITE
These terms are effective and were last updated on May 29, 2014. At any time, 7‑Eleven may revise the terms of the Site. Revisions are effective and binding when posted on the Site. Any continued use of the Site following any revision means you agree to the revisions. 7‑Eleven expressly reserves the right to terminate or discontinue the Sites at any time and for any reason, with or without notice to you.
5. DISCLAIMERS; LIMITATION OF LIABILITY
5.1 7‑Eleven disclaims any and all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions on or from either Site or the Apps, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in either Site or the Apps, including but not limited to any errors in or omissions contained therein, (c) the unavailability of either Site or the Apps or any portion thereof, (d) your use of either Site or the Apps, or (e) your use of any equipment or software in connection with either Site or the Apps.
5.2 Any dealings with any third parties (including advertisers and/or sponsors) appearing on either Site or the Apps, participation in any promotions or offerings (including delivery of and payment for goods and services) and any other terms, conditions, warranties or representations associated with such activities are solely between you and the advertiser or other third party. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. 7‑Eleven does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. 7‑Eleven is not responsible or liable to any party who participates in any such dealings, promotions or offerings.
5.3 7-ELEVEN MAKES NO WARRANTY OR REPRESENTATION, BUT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. 7-ELEVEN WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE). 7-ELEVEN DOES NOT WARRANT THAT THE OPERATION OF THE SITE OR APPS WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION GIVEN BY 7-ELEVEN OR AN AUTHORIZED REPRESENTATIVE OF 7-ELEVEN SHALL CREATE ANY WARRANTY.
5.4 If you are dissatisfied with any portion of the Sites, or with any of these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the Site.
6. UNLAWFUL AND PROHIBITED USE
As a specific condition of your use of the Sites and Apps, you explicitly agree not to use the Sites and Apps for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You agree not to use the Sites and Apps in any way that could damage, disable, overburden, or impair either Site or the Apps, or interfere with anyone else's use of either Site or the Apps. You will not attempt to gain unauthorized access to 7‑Eleven computer systems or networks connected to 7‑Eleven, through hacking, password mining or any other means. You will not attempt to reverse engineer any portion of the Sites or Apps or attempt to infringe the intellectual property rights of others in any way. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or Apps.
7. GOVERNING LAW AND JURISDICTION
These Terms and Conditions of Use are governed by the laws of the State of Texas, U.S.A., without regard to Texas conflict of laws provisions. By using either Site or the Apps you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Dallas, Texas for all disputes arising out of or relating to the use of the Sites and/or Apps. 7‑Eleven makes no representation that the contents of the Sites or Apps are appropriate or available for use in other locations, and those who choose to access the Sites or Apps from other locations are solely responsible for compliance with their local laws. Any legal actions against 7‑Eleven must be commenced within two year(s) after the claim arose. Any controversy or claim arising out of or relating to the Sites, Apps, or these terms will be settled by binding arbitration before JAMS, Inc. and in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall be responsible for its costs incurred in such arbitration, but if you cannot afford to pay for the arbitration you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. The arbitration will be conducted in Dallas County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, 7‑Eleven may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).
You specifically agree to indemnify and hold harmless 7‑Eleven, its parent, affiliates, stockholders, officers and employees, from any claim, demand or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Sites and/or Apps.
9. PRODUCT & SERVICE AVAILABILITY
The Sites and Apps contain references and information about 7‑Eleven products and services that may be limited by individual store participation in the United States and Canada only.
10. PRIVACY AND PUBLICITY
11. ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions of Use incorporate by reference any notices contained on the Sites or Apps and constitute the entire agreement with respect to your access to and use of the Sites and Apps. If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
12. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
We are committed to complying with copyright and related laws, and we require all users of the Sites and Apps to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Sites or Apps in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on either Site or the Apps in a way that constitutes copyright infringement, please provide our designated agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Sites or Apps;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
P.O. Box 711
Dallas, TX 75221-0711
Subject line: DMCA
P.O. Box 711
Dallas, TX 75221-0711
Subject line: DMCA
13. 7REWARDS PROGRAM TERMS AND CONDITIONS
Read the following Terms and Conditions for the 7Rewards Program (“Program”) to learn how you can get one free 7‑Eleven hot beverage, Big Gulp, Chillers, or Slurpee drink (of any size offered by 7‑Eleven) (“ Reward Drink”) for every six such drinks (or refills of refillable 7‑Eleven mugs and tumblers) that you buy at participating 7‑Eleven stores in the United States and Canada when you use the 7‑Eleven App (the “App”). Purchases of 7‑Eleven mugs and tumblers are not Qualifying Purchases under the Program.
13.1 Promotion Period: The Program runs from [12:01] AM local time on [March 4, 2015] until 7‑Eleven cancels the Program (the “Promotion Period”).
13.2 Eligibility: Promotion open only to residents of the 50 United States (and D.C.) and Canada who are 13 years or older and who own a smartphone or other mobile device that is capable of downloading and running the 7‑Eleven App from the Apple Store or Google Play Store. (7‑Eleven does not charge to download its App, but standard data rates may apply.) Employees of 7‑Eleven and its franchisees, affiliates, subsidiaries, representatives and agents are not eligible. 7‑Eleven reserves the right to deny or disqualify any participant who fails to comply with the terms of this program.
13.3 How to Participate: Take the following steps during the Promotion Period to receive a Reward Drink:
- Step 1: Login to your 7‑Eleven account through the App. If you do not have the App, you can download it on your smartphone or other mobile device from the Apple Store or Google Play Store. If you do not have a 7‑Eleven account, you can qualify for one through the App.
- Step 2: Visit a participating 7‑Eleven store and buy any size of 7‑Eleven hot drink, Big Gulp, Chillers, or Slurpee drink, or refill of these drinks and, in doing so, scan your account bar code on your smartphone or mobile device to qualify such purchase(s) in the App (each such drink is a “Qualifying Purchase”). Qualifying Purchases will only appear on the “digital punch card” section of the App if you qualify each purchase in this way.
Qualifying Purchases may take as long as 24 hours from the time of the last qualifying purchase to show up in the App, depending on how 7‑Eleven validates your purchase. You will qualify for one Reward Drink each time you qualify six Qualifying Purchases in the App. The App will be updated with a bar code which you can scan for one Reward Drink. Once you have received the bar code, you must use it before you can qualify purchased drinks towards a new Reward Drink.
- Step 3: Take the following steps to visit a participating 7‑Eleven store in the United States or Canada to redeem a Reward Drink: Go to a participating 7‑Eleven store and select the Reward Drink of your choice. At the point of sale, scan the Reward Drink bar code.
You may only redeem Reward Drinks at participating 7‑Eleven stores in the United States and Canada. Each Qualifying Purchase (represented as a punch on your “digital punch card” in the App) and unused Reward Drink will expire 366 days after it appears in the App. 7‑Eleven reserves the right to change or discontinue any drink products. Reward Drinks are available while supplies last.
13.4 Program Modification or Cancellation: 7‑Eleven reserves the right to modify the Program and these Programs Terms and Conditions at any time without liability, including, without limitation, the right to cancel the Program at any time. If 7‑Eleven cancels the Program, it will provide at least 60 days’ advance notice of the cancellation on the home page of the App and at www.7-11.com/rewards. You are responsible for checking the App and the rewards section of the www.7‑Eleven.com website for updates about the Program. If 7‑Eleven cancels the Program, all Reward Drinks and Qualifying Purchases (represented as punches on your “digital punch card” in the App) will automatically and immediately expire upon the effective date of cancellation.
13.5 Other Terms: The Program is void where prohibited. Your Reward Drink and Qualifying Purchases (represented as punches on your “digital punch card” in the “Savings” section of the App) are promotional in nature, have no cash value, and cannot be sold, transferred, copied, shared, or transferred. No substitutions, assignments, or transfers of any Reward Drink or Qualifying Purchases will be permitted. 7‑Eleven's decisions in connection with this Program are final and binding. 7‑Eleven will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of 7‑Eleven. Any provision of these Program Terms and Conditions deemed unenforceable will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will remain in effect. Participation in this Program constitutes acceptance of these Program Terms and Conditions.
14. OFFICIAL RULES FOR "SLURPEE ALL ACCESS 7REWARDS SWEEPSTAKES"
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE.
PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) U.S. STATES AND THE DISTRICT OF COLUMBIA WHO ARE THIRTEEN (13) YEARS AND OLDER AT THE TIME OF ENTRY.
14.1 SWEEPSTAKES PERIOD: The Slurpee All Access 7Rewards Sweepstakes (the “Sweepstakes”) begins on May 6, 2015, at 12:00:01 AM Central Standard Time (“CST”) and ends on July 18, 2015, at 11:59:59 PM CST (the “Sweepstakes Period”). Multiple Random Drawings shall occur each day during the Sweepstakes Period. There will be a minimum of twenty (20) random winner selections each day during the Sweepstakes Period. Sponsor’s computer is the official clock of the Sweepstakes.
14.2 ELIGIBILITY: This Sweepstakes is offered only to legal residents of the fifty (50) U.S. States and the District of Columbia who are thirteen (13) years and older at the time of entry. Employees of Sponsor, Administrator and each of their respective parent companies, subsidiaries and affiliates, distributors, dealerships and companies involved in the implementation and execution of the Sweepstakes (“Sweepstakes Entities”) and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to win in the Sweepstakes. Void where prohibited or restricted by law. By participating in this Sweepstakes, you (and, if you are a minor, your parent and/or legal guardian) agree to be bound by these official rules (“Official Rules”) and that the decisions of Sponsor shall be final and binding in all matters pertaining to the Sweepstakes.
14.3 TWO WAYS TO ENTER:
- Mobile Entry with Purchase: To participate in the Sweepstakes via this entry method, entrants must (1) download the 7‑Eleven 7Rewards mobile app to their mobile device where compatible, and (2) visit the “My Account/Preferences” section of the 7Rewards app and agree to receive Email Notifications. To enter the Sweepstakes, visit a participating 7‑Eleven store and purchase a Slurpee. Scan the barcode from the 7Rewards mobile app on your mobile device at point of purchase to receive one entry. Potential Prize Winners will be notified via mobile push notification and email. The email will contain a link to the Slurpee All Access 7Rewards Prize Fulfillment site at www.slurpeeallaccess.com. Message and Data Rates may apply when entering with a mobile device. Each entrant should consult his/her wireless service provider regarding its pricing plans. Not all cellular/wireless providers for mobile devices carry the service necessary to participate in this method of Submission. Each entrant should check his/her mobile device’s capabilities for specific web-enabled browsing instructions.
- Online Entry Without Purchase: To enter online without making a purchase, go to www.slurpeeallaccess.com/amoe and request an entry code by providing your email address. An emailed response will be sent to the email address submitted containing an entry code. Once you receive the entry code, return to www.slurpeeallaccess.com/amoe during the Sweepstakes Period and complete the online entry form (provide your first name, last name, email address, phone number, zip/postal code, date of birth, and entry code) to receive one (1) entry. You are not required to make a purchase to enter via this method.
- Entry Limit: Regardless of the method of entry, there is a limit of ten (10) entries per person per day during the entire Sweepstakes Period. A “day” is defined as starting at 12:00:01 AM CST and ending at 11:59:59 PM CST on a calendar day during the Sweepstakes Period. Any attempt to receive more than the permitted number of entries by any means, including the use of multiple email addresses, will disqualify all entries.
- To Redeem a Prize: Potential prize winners must visit the prize fulfillment site at www.slurpeeallaccess.com and follow the instructions to redeem their prize. Potential Prize winners will be required to agree to the terms and conditions of the site and to submit their first name, last name, email address, phone number, and date of birth. All potential prize winners must follow the instructions provided on the prize fulfillment site to redeem their prize. Potential Prize winners must redeem their prize within seventy-two (72) hours of receiving the prize notification, or the prize will be forfeited. If prizes are not redeemed within seventy-two (72) hours of the prize notification, the prize will be forfeited and put back into the prize pool and re-awarded, if time permits, in Sponsor’s sole discretion.
14.4 PRIZES, ODDS OF WINNING AND APPROXIMATE RETAIL VALUE (“ARV”): Odds of winning depends upon the number of eligible entries for each drawing. Prize winners shall be randomly selected each day throughout the Sweepstakes Period from all eligible entries received prior to selection in the following manner: Seventeen thousand and eleven (17,011) computer-generated instant win prizes will be time stamped and awarded to the first person who enters with purchase or online closest to the predetermined time for random selection, as determined by the Sponsor in their sole discretion, during the Sweepstakes Period. Prize Winners will receive one (1) of the following:
|Prize||Quantity Available||ARV of Prize||Total ARV|
|Universal Song Download||10,000||$1.29||$12,900.00|
|Music Service Subscription||124||$20.00||$2,480.00|
|Exclusive All-Access Prize e.g. t-shirt||200||$50.00||$10,000.00|
|iTunes Gift Card||28||$25.00||$700.00|
|Beats by Dre™ Headphones||9||$205.00||$1,845.00|
|All Access Experiences||13||$5,200.00||$67,600.00|
14.5 THE ALL-ACCESS EXPERIENCE(S): Thirteen (13) All-Access Experiences will be awarded, which include the following:
Rock In Rio USA – VIP Experience: Las Vegas, Nevada May 14 - 17, 2015
Round trip Coach Class airfare to Los Angeles from a major US gateway for winner and guest; Round trip sedan transportation between airport in Las Vegas and hotel; Four (4) days and three (3) nights hotel accommodations in Las Vegas (double occupancy). Arriving May 14 and departing May 17, 2015; VIP Tickets to Rock In Rio USA on both May 15 and 16, 2015; Exclusive VIP tour of the festival from festival representatives including main stage and more (on an official festival golf cart); Includes breakfast daily (except day of arrival); $1000 spending cash.
The Sasquatch! Music Festival– VIP Experience: George, Washington May 21 - 26, 2015
Round trip Coach Class airfare to Seattle from a major US gateway for winner and guest; Rental car for six (6) days; Six (6) days and five (5) nights hotel accommodations in George (double occupancy). Arriving May 21 and departing May 26, 2015 – (I suggest Terrace Camping or Glamping); VIP tickets to The Sasquatch! Music Festival May 22 - 25, 2015 (Memorial Day Weekend); $1000 spending cash.
Governor’s Ball VIP Experience: New York, NY June 4 - 8, 2015
Round trip Coach Class airfare to New York from a major US gateway for winner and guest; Round trip sedan transportation between airport in New York and hotel and all scheduled events for trip; Five (5) days and four (4) nights hotel accommodations in New York (double occupancy) June 4 - 8, 2015; VIP tickets for Governor’s Ball June 5, 6 and 7; Includes breakfast daily (except day of arrival); $1000 spending cash.
Firefly VIP Experience: Dover, DE June 17 - 22, 2015
Round trip Coach Class airfare to Philadelphia or Baltimore from a major US gateway for winner and guest; Six (6) days and five (5) nights hotel accommodations in Dover (double occupancy) June 17, 18, 19, 20 and 21, 2015; VIP tickets for Firefly June 18 - 21, 2015; Includes breakfast daily (except day of arrival); Rental car and money for gas, tolls and parking; $1000 spending cash.
Electric Forest VIP Experience: Rothbury, Michigan June 24 - 29, 2015
Round trip Coach Class airfare to Grand Rapids from a major US gateway for winner and guest; Six (6) days and five (5) nights hotel accommodations (double occupancy) June 24, 25, 26, 27 and 28, 2015; VIP Tickets for Electric Forest June 25, 26, 27, and 28, 2015; Includes breakfast daily (except day of arrival); Rental car and money for gas, tolls and parking; $1000 spending cash.
Experience a Music Recording Session First Hand TBD, 2015
Round trip Coach Class airfare to Los Angeles from a major US gateway for winner and guest; Round trip sedan transportation between airport in Los Angeles and hotel and all scheduled events for trip; Three (3) days and two (2) nights hotel accommodations in Los Angeles (double occupancy); Attend a recording session with a producer in a recording studio; Includes breakfast daily (except day of arrival); Visit the Grammy Museum; $1000 Spending Cash.
Experience a Festival Makeover with a top stylist TBD, 2015
Round trip Coach Class airfare to host city (such as Los Angeles) from a major US gateway for winner and guest; Round trip sedan transportation between airport in Los Angeles and hotel and all scheduled events for trip; Three (3) days and two (2) nights hotel accommodations in host city(double occupancy); Festival Makeover with Hollywood Stylist for the complete Festival Makeover; Outfit; Hair & make-up for photo shoot; Includes breakfast daily (except day of arrival); $1000 spending cash.
Have your own Photo Shoot with a World Renowned Rock N’ Roll Photographer TBD, 2015
Round trip Coach Class airfare to Los Angeles from a major US gateway for winner and guest; Round trip sedan transportation between airport in Los Angeles and hotel; Three (3) days and two (2) nights hotel accommodations in Los Angeles (double occupancy); Day with stylist; Hair and makeup prior to the shoot; Photo shoot a world renowned rock n’ roll photographer; Your own album cover shot including a select photo from the shoot; Includes breakfast daily (except day of arrival); Dinner at a Los Angeles restaurant; $1000 spending cash.
Meet & Greet with Musical Artist Austin Mahone (5 winners and guest)
Round trip Coach Class airfare to host city from a major US gateway; Round trip sedan transportation between airport in host city airport and hotel; Three (3) days and two (2) nights hotel accommodations in Host City (double occupancy); Group shuttle to concert (10 people total – 5 winners and guests); Tickets and VIP passes to concert; Includes breakfast daily (except day of arrival); Photograph with Austin Mahone; $250 spending cash
- All-Access Experiences (In General). The approximate retail value of each All Access Experience is set out in the row of the table in Section 14.4 for the prize “All Access Experience”. Experience activities selected by Sponsor in its sole discretion and subject to availability. Sponsor bears no responsibility if any event included in the All-Access Experience (the “Event”), or any element or detail of the Event is canceled, postponed or becomes unavailable for any reason. Should any Event, element or detail of a prize become unavailable, the Sponsor shall have no obligation to a Winner aside from providing the remaining portion of the prize, minus any unavailable event, element or detail. Prize Winner agrees that any event admission is awarded pursuant to a revocable, nontransferable license that is personal to that applicable winner, and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. Sponsor reserves the right to remove or to deny entry to the Prize Winner and/or his/her travel companion/guest if either the Prize Winner or his/her travel companion/guest violates the previous restrictions or engages in a disruptive manner, or with intent to abuse, threaten or harass any other person at the Event.
14.6 PRIZE AWARDS: Sponsor’s designee will send potential winners an e-mail notification to the e-mail address provided at registration or through mobile app push notification via mobile phone/app. If prizes are not redeemed within seventy-two (72) hours of the first prize notification , prize will be forfeited and put back into the prize pool and re-awarded at Sponsor’s sole discretion, if time allows. In the event an email notification is returned as undeliverable, or if a potential Winner does not comply with these Official Rules, he or she will be disqualified and the Prize will be forfeited, and put back into the prize pool and re-awarded at Sponsor’s sole discretion, if time allows.
Potential Prize Winners (and if the winner is a minor, winner’s parent(s) or guardian(s)) may be required to sign and return an Affidavit of Eligibility and/or Liability/Publicity Release (except where prohibited) and any other requested documents within the time limit specified in each document, or the Prize may be forfeited in its entirety and awarded to an alternate Prize Winner, time permitting, at the Sponsor’s sole and absolute discretion.
PRIZE WINNERS MAY BE ISSUED A FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE APPROXIMATE RETAIL VALUE OF THE PRIZE AND MUST SUBMIT HIS OR HER SOCIAL SECURITY NUMBER OR TAXPAYER ID NUMBER, AS REQUIRED BY LAW. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER.
14.7 PRIZE TERMS AND CONDITIONS: The use of a gift card/travel voucher is subject to the terms and conditions set forth thereon which shall govern the use of the gift card/travel voucher. Gift cards/travel voucher will not be redeemed or exchanged for cash, except where required by law. Gift cards/travel voucher will not be replaced or replenished if lost, stolen, damaged, destroyed or used without the winner’s permission and will be voided if altered or defaced. Prizes are non-transferable and non-assignable. No substitution, exchange or cash equivalent will be allowed, except at Sponsor’s sole discretion. Winners are solely responsible for all costs and expenses associated with the prize not stated in these Official Rules including, without limitation, tips, gratuities, service charges or taxes, meals, ground transportation not specified, hotel room service, beverages, merchandise, souvenirs, local and long-distance telephone calls. Winner is solely responsible for all applicable taxes, insurance, travel-related expenses not set forth herein and other expenses, which may be required for the enjoyment and use of the Prize. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the prize or does not properly redeem the prize, the prize may be forfeited at Sponsor’s sole discretion. If a Prize is forfeited for any reason or is not claimed, an alternate potential Prize Winner may be randomly selected from all remaining non-winning entries received during the Sweepstakes Period, at the Sponsor’s sole discretion, time permitting. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize will not be re-awarded. No more than the number of prizes set forth in these Official Rules is available or will be awarded.
14.8 TRAVEL PRIZES: Actual value of a prize involving travel depends on the city of departure and dates/times of travel. If the actual value of the travel prize is less than the ARV, the difference will not be awarded to the Winner. All tickets and accommodations are subject to capacity controls, availability, limitations and other restrictions, all of which are subject to change at the Sponsor’s sole discretion. The trip shall be coordinated through the Sweepstakes Administrator. Winner and Winner’s travel companion must arrange transportation to and from the departure airport in time for the flight with proper identification. If Winner is under 18 years of age, he/she must travel with a parent or legal guardian. Winner’s travel companion must be 18 years of age or older (except residents of Alabama and Nebraska who must be 19 years of age or older), unless Winner is the travel companion’s parent or legal guardian. Winner and Winner’s travel companion must complete, sign and return all affidavits, releases and other documents required by Sponsor prior to ticketing of Prize; must travel on the same itinerary; must travel on the dates specified by Sponsor, which are subject to change; and must comply with all airport and venue security requirements; or Prize will be forfeited in its entirety and may be awarded to an alternate winner, provided sufficient time remains to verify alternate winner and ticket Prize, otherwise Prize will not be awarded. Sponsor reserves the right in its sole discretion to suspend or cancel the participation of any Winner or travel companion due to noncompliance with any security procedure or inappropriate behavior or misconduct. If trip destination is located less than 200 miles from Winner’s residence, Sponsor, in its sole discretion, reserves the right to provide ground transportation in lieu of air transportation. In the event that the Winner chooses to travel without a companion, the remaining elements of the Prize shall constitute full satisfaction of Sponsor's Prize obligation to Winner and no additional compensation will be awarded. Travel accommodations are at the discretion of Sponsor. If Winner cannot take the trip as stated, Prize will be forfeited in its entirety and may be awarded to an alternate winner, time permitting. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
14.9 LIMITATION OF LIABILITY: Nothing in this Section 14.10 limits the disclaimers or limitations of liability in Section 5 above or the indemnification in Section 8 above. By participating in this Sweepstakes, entrants agree the Sponsor, Administrator, Sweepstakes Entities, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Sweepstakes-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting or using a Prize. Released Parties shall not be responsible or liable for entries entered by any automated computer, program, mechanism or device; for any entries in excess of the stated limit; or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries will, at Sponsor’s sole discretion, be disqualified.
If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry in the Sweepstakes, entrant’s sole remedy is to enter the Sweepstakes again to receive another entry. If for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of Winners in a manner it deems fair and reasonable. This Sweepstakes is subject to all federal, state, and local laws and regulations.
14.10 WARRANTIES AND INDEMNITY: Nothing in this Section 14.10 limits the disclaimers or limitations of liability in Section 5 above or the indemnification in Section 8 above. By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Sweepstakes materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (e) change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission entry (including, without limitation, registration information or any parts thereof); (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; and (j) interruption or inability to access the Sweepstakes, the Website or any other Sweepstakes-related websites or any online service via the Internet due to hardware or software compatibility problems.
Without limiting the foregoing, everything regarding this Sweepstakes, including the Prize components, are provided “as is” without 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. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, therefore some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
14.11 DISPUTES: This Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of Texas, without regard to Texas conflict of laws provisions. The terms of Section 7 above apply to this Sweepstakes, including regarding jurisdiction, venue, and arbitration.
14.12 WAIVER OF RIGHTS: Without limiting the disclaimers or limitations of liability in Section 5 above, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, direct, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Sweepstakes Entities and/or any other party shall be resolved individually, without resort to any form of class action.
14.14 PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a Prize, each entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
14.15 GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. If it is discovered or suspected at Sponsor’s sole discretion that an entrant has registered or attempted to register more than once using multiple email addresses, multiple identities, multiple App accounts, proxy servers or like methods, all of that entrant’s entries will be declared null and void, and that entrant may be ineligible to win a Prize. Also, if it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, that entrant will, at Sponsor’s sole discretion, be disqualified from the Sweepstakes. In the event of a dispute as to the identity of a Winner, the winning entry will be declared made by the authorized account holder of the email address associated with the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address, or the owner of the cellular device used to enter the Sweepstakes. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of any conflict with any Sweepstakes details contained in these Official Rules, and Sweepstakes details contained in any Sweepstakes promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
14.16 WINNERS LIST: To obtain a list of Winners, interested individuals should mail a self-addressed, stamped business-sized envelope in an envelope to: the Sweepstakes – All-Access 7Rewards Winners List Request, P.O. Box 251328, West Bloomfield, MI 48325. Winners list requests must be received within thirty (30) days of the end of the Sweepstakes Period.
14.17 The “Slurpee All Access 7Rewards” Sweepstakes is sponsored by 7‑Eleven, Inc., 1722 Routh St, Ste 1000, Dallas, TX, 75201 (“Sponsor”), and is administered by NCompass International, Inc., 8223 Santa Monica Blvd., West Hollywood CA 90046 (“Administrator”).
IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS AND CONDITIONS OF USE, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITES AND APPS.