DG Dr Pepper Points Terms and Conditions

Transcription

1 DG Dr Pepper Points Terms and Conditions DG Dr Pepper Points (the "Program") is a loyalty program sponsored by Dr Pepper/Seven Up, Inc. through which individuals ( Participants or, individually, the Participant ) can earn Points from purchase of select Dr Pepper products at Dollar General Retail stores ( Qualified Purchase ). Participants visit ( Website ) to register for the Program and upload photos to the Website that display Qualified Purchases or may submit such photos by text to (Message and data rates apply; see section D.1.b for all details). Participants may use their Points to purchase items through the rewards catalog ("Rewards Catalog"). Sponsor: Dr Pepper/Seven Up, Inc., 5301 Legacy Drive, Plano, TX Administrator: HelloWorld, Inc. ("HelloWorld"), 3000 Town Center, Floor 21, Southfield, MI A. Eligibility The Program is only open to individuals who are at least eighteen (18) years old and residents of the fifty (50) United States (including the District of Columbia). Employees of HelloWorld, and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate in the Program. The Program is void where prohibited. Corporations or other entities or organizations of any kind are not eligible for the Program. B. Timing This phase of the Program begins at 12:00 a.m. Eastern Time ("ET") on February 15, 2018 ( Start Date ). Participants may make Qualified Purchases that will be eligible to earn Points from February 15, 2018 through March 31, 2018 at 11:59 p.m. ET ( Earning Period ). Participants may submit photos of receipts displaying Qualified Purchases and Redeem Points for Rewards associated with this phase of the Program (as described below) from the Start Date through 11:59 p.m. ET on April 15, 2018 (the "Phase"). With reasonable notice, Sponsor reserves the right, in its sole discretion, to shorten, extend, suspend, modify, or cancel the Program at any time even though these changes may affect a Participant's ability to use accumulated Points. If Program is terminated (for any reason), all accumulated Points in Participants' Accounts will expire. Sponsor will make reasonable efforts to provide notice to Participants of changes to the Program that may have a negative impact on Participant s Account (defined below in Section C.) prior to implementation. By continuing to participate in the Program, Participants agree to any changes made to the Program. C. Rewards Account During this Phase of the Program, you may create a Rewards account by visiting the Website, if you do not already have one. Once at the Website, follow the links and instructions to complete and submit the registration form including your name, valid address, and mobile number to create an account ("Account"). Only the individual named on the registration form (the "Participant") will accrue points and will be entitled to access Account information. Only one (1) Account per Participant. D. Earning Points 1. Make Qualifying Purchases at Dollar General Retail Stores: During the Earning Period, make a purchase of a qualifying Dr Pepper product at any Dollar General Retail store location ( Qualifying Purchase ). See the for a list of qualifying Dr Pepper products. The list of qualifying products may change from time to time. Multiple Qualifying Purchases can be included on a single receipt. Take a photo of your receipt. Each receipt image must be clear and legible, include the

2 purchase location, date and time, and show the Qualifying Purchase(s) (item(s) purchased and price per item) and total amount spent on entire receipt, herein a Valid Receipt. (a) Visit the Website and follow the links and instructions to upload a photo of a Valid Receipt. (b) Alternatively, text SWEET TO 35350*. Follow the text instructions to submit a photo of your Valid Receipt. Once you have submitted a photo of a Valid Receipt by text message, future texts of Valid Receipts can omit the keyword: SWEET. *Message and data rates may apply. Text STOP to discontinue further participation by text. Text HELP for information. If you submit a photo via text-messaging, you will may receive up to 4 text messages from an automated system to complete the transaction. Consent is not required to buy goods and services. Participation via text message is subject to the Sponsor s Privacy Policy ( /legal/us/privacy/) and Administrator s Mobile Terms and Conditions: ( Participating carriers include: ACS Wireless, AIO Wireless, ALLTEL, AT&T, Bluegrass Cellular, Boost, Carolina West Wireless, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Chat Mobility, Cincinnati Bell, Cricket, ECIT, Element Wireless, GCI, Golden State Cellular, Illinois Valley, Immix Wireless, Inland Cellular, iwireless, LongLines Wireless, MetroPCS, Nex-Tech, Northwest Missouri Cellular, NTelos, Plateau Wireless, PTCI, Sprint, T- Mobile, Thumb Cellular, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless and other carriers that may be added from time to time. 2. Refer Friends to the Program: (a) Invite individuals by . Invite individuals who are eligible to participate in the Program by following links and instructions to send an referral. You may only refer persons with whom you have an existing relationship. Individuals who you refer will receive an notifying them about the Program. If a referred friend subsequently registers for the Program through the link in the referral and uploads at least one (1) Valid Receipt, you will receive 10 Points. (b) Invite individuals through Facebook. Invite individuals who are eligible to participate in the Program by following links and instructions to share information about this Program on Facebook. The Facebook post will contain a unique link to the Program. If any of your friends from Facebook registers for the Program through the unique link you posted and uploads one (1) Valid Receipt you will receive 10 Points. Limit: You can earn Points for up to three (3) referrals each week with a maximum of ten (10) referrals during this Phase the Program (therefore a maximum of 100 Points) for qualified referrals. 3. Sponsor reserves the right to change the qualifying products and/or the number of Points awarded for each qualifying product or the other activities described above at any time during the Program. Sponsor further reserves the right to change, add or remove the methods by which Participants can earn Points. E. Viewing Points, Point Value, & Expiration/Forfeiture of Points 1. Sponsor will credit Participants' Accounts with Points earned within approximately 72 hours. Participants are responsible for ensuring that their Points are properly credited. Any claim for Rewards Points not credited accurately must be received within 5 business days, or the disputed Rewards Points shall no longer be valid. 2. Sponsor reserves the right to remove Points from a Participant's Account if it determines that such Points were improperly credited to the Participant's Account or were obtained fraudulently. Validated Points deposited into a Participant's Account that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from the Participant s Account. Sponsor s

3 decisions regarding the awarding of Points are final and binding. Sponsor reserves the right to require proof of accrual of Points and Sponsor reserves the right to delay the processing or redemption of any Points without notice to Participants in order to assure compliance with these Terms. 3. Points do not constitute property, do not entitle a Participant to a vested right or interest and have no cash value and are only redeemable for Rewards offered via the Program. As such, Points are not redeemable for cash, transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale or transfer of Points is strictly prohibited. Points may not be sold on any secondary market, and any transfer of Points to a secondary market shall be deemed void. 4. Points earned and not redeemed during this Phase of the Program will remain in Participant s Account. If a Participant is terminated from the Program by Sponsor for any reason, all Points earned will be deleted. Without limiting any other remedies, Sponsor may suspend or terminate a Participant s Account if Sponsor suspects that a Participant has engaged in fraudulent activity in connection with the Program. Participation in the Program is subject to these Terms and Conditions, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by these Terms and Conditions or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Program, as well as forfeiture of Points accrued to date, all as determined by Sponsor in its sole discretion. 5. Points shall be maintained in the Participant's Account until they are redeemed for a Reward or until the Program terminates (when all unredeemed Points will automatically expire). There is no guarantee that Sponsor will offer another Phase of this Program. No extensions, cash refunds or other exchanges will be allowed for expired Points. F. Redeeming Points For Rewards 1. A Participant may visit the Website to view and redeem Points for items from the Rewards Catalog. 2. Points can be used immediately upon deposit into a Participant's Account, or they may be saved for redemption at a later date. 3. Sponsor reserves the right to modify the list of items available in the Rewards Catalog, as well as their corresponding Point values, at any time for any reason. 4. The total number of Points a Participant can use to redeem an item is the number of Points he or she has available in his/her Account. Items are available while supplies last. 5. All redemptions for items from the Rewards Catalog are final and the Points will be deducted immediately from Participant's Account. 6. If Participant selects a Physical Reward items, he/she will be required to update his/her profile to include a residential address (Reward items cannot be shipped to PO. Boxes). Physical items will be delivered within weeks from time the Points are redeemed. Digital Reward items will be delivered by to the address associated with Participant s account. It is the responsibility of the Participant to be sure all contact information in his/her Account is current. Sponsor is not responsible for Rewards sent to non-current addresses, and any such Rewards will not be replaced. 7. Participants are responsible for all costs and expenses associated with use of any Reward not stated in the Reward Catalog as being provided. Rewards are awarded as is with no warranty or guarantee, either express or implied by Sponsor. Participants may not substitute, assign or transfer a Reward or redeem a Reward for cash. All Reward details are at Sponsor s sole discretion.

4 8. No refunds will be provided on any Reward item. If for any reason a Reward item is received damaged, becomes unavailable, or cannot be fulfilled, Sponsor, in its sole discretion, will replace the Reward item with one of equal or greater value. 9. Gift cards, coupons and certain other types of Reward items may have additional terms and restrictions, of which Participants are responsible for making themselves aware. Additionally, gift cards and coupons should be treated by Participants like cash, and will not be replaced by Sponsor if they are lost or stolen. Participants are responsible for paying all costs and expenses that might be reasonably incurred by the Participant in receiving or using Reward items that are not specifically included with the Reward, including but not limited to taxes, non-use fees or other expenses. G. General Terms and Conditions 1. Sponsor reserves the right to suspend or discontinue the eligibility of any person who uses or is suspected of using the Program in a manner inconsistent with these Terms and Conditions or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of Program eligibility, Sponsor shall have the right to take appropriate administrative and/or legal action against such persons. 2. Any attempt by a person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor may seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any of these Terms and Conditions shall not constitute a waiver of this, or any other provision. 3. All questions or disputes regarding eligibility for the Program, the availability of Rewards or a Participant's compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion. By participating, Participants agree that all decisions made by Sponsor or its designated agents regarding the Program, Rewards or Participant's eligibility are final. 4. Neither Sponsor nor HelloWorld are responsible for any incorrect or inaccurate information supplied by Participants for the Program. 5. Participants are responsible for the payment of all taxes which may result from participation in the Program. 6. Participants are responsible for maintaining updated contact information on the Website. 7. The Program is subject to all applicable laws and regulations. 8. The Sponsor is not responsible for lost, late, stolen, misdirected or illegible mail or . H. Limitation of Liability 1. Sponsor, Administrator. and their respective parent companies, affiliates, subsidiaries, and promotional and advertising agencies are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any Website or any combination thereof. In the event that online access is temporarily corrupted and suspended, notice of such will be provided at the Website and Participants will be advised to hold Codes until such time that the Program, as originally intended, may be resumed, as determined by Sponsor in its sole discretion. 2. By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Sponsor Administrator, and their respective parent companies,

5 subsidiaries, affiliates, agents, promotion and advertising agencies, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers ( Released Parties ) from and against any claims, liabilities, damages or expenses that may arise from actions taken by such Participant and/or Participant s participation in the Program, or for any harm or injury caused by any third party. 3. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PARTICIPATION IN THE PROGRAM OR ANY PURCHASED OR REDEEMED ITEM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF RELEASED PARTIES IMPROPERLY DENIES A PARTICIPANT ANY REDEEMED ITEM, LIABILITY WILL BE LIMITED TO THE EQUIVALENT FAIR MARKET VALUE OF ITEM. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. 4. HelloWorld, Sponsor and their respective officers, directors, employees, shareholders, agents, franchisees, successors, assigns, and service providers, are not responsible for any products or services offered on the Website. TO THE FULLEST EXTENT ALLOWABLE BY LAW, HELLOWORLD AND SPONSOR SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE PROGRAM. Those include any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. 5. As a condition of participating in the Program, Participant agrees that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Program, the Terms and Conditions, or the Administrator's Mobile Terms and Conditions will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved. You agree that whenever you have a disagreement with Administrator or Sponsor arising out of, connected to, or in any way related to the Program, the Terms and Conditions, or the Administrator's Mobile Terms and Conditions, you will send a written notice to the Administrator ( Demand ). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms and Conditions or the Administrator's Mobile Terms and Conditions. You must send the Demand to the following address (the Notice Address ): Legal Department, HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the Arbitrator ). This arbitration provision limits the ability of you, Administrator, and Sponsor to litigate claims in court and you, Administrator, and Sponsor each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Administrator or Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (as may be amended) and as modified by the agreement to

6 arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. You agree that you will not file a class action or collective action against Administrator or Sponsor, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Terms and Conditions, or the Administrator's Mobile Terms and Conditions, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with you to arbitration before the Arbitrator. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the entrant, Administrator, and Sponsor in connection with the Program, or any claim or dispute that has arisen or may arise between you, Administrator and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules. The place of arbitration shall be Oakland County, Michigan. 6. If any provision of these Terms and Conditions is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect HelloWorld, Inc. All rights reserved.