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SLURPEE AND XBOX SWEEPSTAKES AND INSTANT WIN GAME (THE "PROMOTION") OFFICIAL RULES
THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia, who are 13 years of age or older at the time of entry. Employees, officers and directors (and their immediate families [spouse, children, parents, siblings] and those living in their same households [whether or not related]) of 7-Eleven, Inc. (“Sponsor”), Tic Toc, Inc., Microsoft Corporation, PepsiCo, Inc., and any of their respective parent, subsidiary, and affiliated companies, advertising, promotion, or production agencies and web masters/suppliers (collectively “Promotion Parties”) are not eligible to participate. By participating, entrants agree to these Official Rules, which are final and binding in all respects.
2. PROMOTION PERIOD:This Promotion consists of a sweepstakes (the “Sweepstakes”) and an instant win game (the “Instant Win Game”). Promotion begins on November 6, 2013 at 12:00:00 a.m. Central Standard Time (“CST”) and ends on January 2, 2014 at 11:59:59 p.m. CST (“Promotion Period”). The Sponsor’s clock is the official clock for this Promotion.
3. HOW TO SUBMIT CODES:During the Promotion Period, log in to your account at www.slurpee.com (or create a free account if you do not already have one), click on the link to the Slurpee and Xbox Promotion, and follow the on-screen instructions to enter a code found on specially-marked Slurpee beverages (“Codes”) to receive Slurpee Reward points (“Points”). Only Codes submitted during the Promotion Period will be eligible for Points that may be redeemed to enter the Sweepstakes or Instant Win Game.
a. HOW TO ENTER THE SWEEPSTAKES:Visit www.slurpee.com/xboxsweeps and follow the on-screen instructions to redeem two (2) Points to receive one (1) entry into the Sweepstakes drawing. Enter for free by logging into your account at www.slurpee.com (or create a free account if you do not already have one), then click on the link to the Slurpee and Xbox Promotion, click on the link to view these Official Rules, click here, and follow the on-screen instructions to enter your AMOE code (sent via email) to receive one (1) free entry into the Sweepstakes. Limit of five (5) entries into the Sweepstakes per person per day regardless of the entry method.
b. HOW TO PLAY THE INSTANT WIN GAME:Visit www.slurpee.com/xboxsweeps and follow the on-screen instructions to redeem two (2) Points to receive one (1) Instant Win Game play. Play for free by logging into your account at www.slurpee.com (or create a free account if you do not already have one), then click on the link to the Slurpee and Xbox Promotion, click on the link to view these Official Rules, click here, and follow the on-screen instructions to enter your AMOE code (sent via email) to receive one (1) free game play. Limit of five (5) game plays in the Instant Win Game per person per day regardless of the entry method.
4. SWEEPSTAKES PRIZES (58)an Xbox One Entertainment System. Approximate Retail Value (“ARV”): $499.99.
INSTANT WIN GAME PRIZES (12,866):
First Prizes (116): a $200.00 Visa Gift Card.
Second Prizes (250): a twelve (12) month Xbox Live Gold Membership. ARV: $59.99.
Third Prizes (5,000): a one (1) month Xbox Live Gold Membership. ARV: $9.99.
Fourth Prizes (2,500): a $5.00 Digital Xbox Gift Card.
Fifth Prize (5,000): a $5.00-10.00 Xbox 360 arcade game.
Total ARV of all prizes: $179,646.92. Gift cards subject to the terms and conditions of the issuer. Xbox Live memberships subject to the terms and conditions set by Microsoft. Prizes are non-transferable and no cash equivalent or substitution of any prize is offered, except at the sole discretion of Sponsor. If any prize or any portion thereof cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Winner is responsible for all taxes on prize (including but not limited to federal, state and local income taxes), and for any other fees or costs associated with the prize received, regardless of whether it, in whole or in part, is used. ARV of prizes are based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes where required by law. Unclaimed prizes will not be awarded.
5. SWEEPSTAKES WINNER SELECTION AND NOTIFICATION:One (1) Sweepstakes prize winner will be selected each day in a random drawing by an independent judging organization from among all eligible entries received before 11:59:59 p.m. each day of the Sweepstakes. Entries will not roll over into subsequent daily drawings. Odds of winning the Sweepstakes depend on the number of eligible entries received each day during the Promotion Period. Potential winners will be notified at the email address associated with the potential winner’s Slurpee Rewards account. Potential Sweepstakes prize winner is subject to verification, including verification of age. Sweepstakes prize won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. Winner (and his/her parent or legal guardian if winner is a minor) will be required to execute and return an affidavit of eligibility and liability release, and except where prohibited by law, a publicity release within seven (7) days of date printed on prize notification letter or prize will be forfeited. If a potential winner is found not to be eligible for any reason, or if prize notification or any prize is returned as undeliverable, the potential winner may be disqualified and any prize may be forfeited, in Sponsor’s sole discretion. Sponsor is not responsible for any change of email address, phone number, mailing address, or other contact information of entrants.
6. INSTANT WIN GAME WINNER SELECTION AND NOTIFICATIONInstant Win Game prizes are randomly time-seeded throughout the Promotion Period and awarded to the person who plays on or after the time the prize is randomly seeded. Odds of winning the Instant Win Game depend on the number of eligible game plays received and the order in which such game plays are received. After playing the Instant Win Game, entrants will receive an email message that contains either a winning message or a non-winning message. No more than the advertised number of prizes will be awarded. If there are more prize claims than prizes at any level, a random drawing will be conducted from among all eligible, non-suspect winning game plays to award the advertised number of prizes. If a potential Instant Win Game winner is found not to be eligible for any reason, or if prize notification or any prize is returned as undeliverable, the potential winner may be disqualified and any prize may be forfeited, in Sponsor’s sole discretion. Prizes will be shipped within 6-8 weeks of the date of verification. Sponsor is not responsible for any change of email address, phone number, mailing address, or other contact information of entrants.
7. GENERAL CONDITIONSBy entering this Promotion, entrants (including his or her parent or legal guardian if an entrant is a minor) agree and covenant on behalf of themselves and their family, heirs, personal representatives executors, assigns and insurers, (a) to release, acquit, hold harmless, waive and forever discharge Sponsor, Tic Toc, Inc., Microsoft Corporation, PepsiCo, Inc., and their respective parent companies, subsidiaries and affiliates, and their respective officers, directors, members, managers, employees, contractors and agents (collectively, “Releasees”) from any and all claims, demands, damages, debts, costs, fees, obligations, loss, expenses, compensation, actions or causes of action whatsoever, of every nature, character and description, whether known, unknown, discovered, undiscovered, suspected or unsuspected, including death, or property damage (collectively, “Claims”), including but not limited to Claims arising on account of, or in any way growing out of, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Promotion, and (b) except where legally prohibited, winner (or if winner is a minor, winner’s parent/legal guardian) grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.
8. LIMITATIONS OF LIABILITYSponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor is not responsible for any computer or e-mail failures that may result in lost or garbled entries or which affect the administration of the Promotion. Sponsor assumes no liability for incorrect, lost, late, stolen, illegible, incomplete, misdirected, damaged non-delivered requests or entries, computer system or transmission line errors, software or hardware malfunctions, or other errors, failures, or delays in transmission that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading or entering any part of this Promotion. If, for any reason, Promotion, in the sole opinion of Sponsor, is not capable of running as planned in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Promotion, and determine winners from among eligible non-suspect entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the entry process.
9. BINDING ARBITRATIONAny controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT (OR ENTRANT’S PARENT OR LEGAL GUARDIAN IF ENTRANT IS A MINOR) AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY); (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
10. GOVERNING LAW AND JURISDICTIONThese Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A. without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the federal, state and local courts located in Dallas, Texas.
11. WINNER LISTFor the name of the prize winners, send a self-addressed, first-class stamped envelope to: Slurpee and Xbox Promotion Winner List, 4228 N Central Expressway, Suite 200, Dallas, Texas 75206. Requests must be received by February 2, 2014.
12. SPONSOR7-Eleven, Inc., 1722 Routh Street, Suite 1000, Dallas, Texas 75201.
13. ADMINISTRATORTic Toc, Inc., 4228 N Central Expressway, Suite 200, Dallas, Texas 75206.
© 7-Eleven, Inc. 2013
SLURPEE® AND 7-ELEVEN are Registered Trademarks of 7-Eleven, Inc.