Terms and Conditions
Big Red Smartphone Offer Official Rules
PLEASE READ CAREFULLY. By reviewing these Terms and Conditions, clicking "I Agree" on the registration page, and participating, you agree to the following rules governing the Big Red Smartphone Offer
A. Overview of Big Red Smartphone Offer
1. Big Red Smartphone Offer (the "Program") is a promotion sponsored by Big Red, Inc. ("Sponsor") through which individuals can win a free smart phone by entering a code found beneath their bottle cap at www.BigRedPhones.com
. Every entrant who enters their code during the promotion period will win a free smart phone.
Free phone offer is only available with select service plans, data and messaging features and a new two-year subscriber agreement. Price valid for primary and secondary lines only. Offer is subject to identity, credit, and/or eligibility check, and may require a deposit. Contract renewal and upgrade options may also be available for existing eligible customers, however price may vary. Service may not be available in all markets or on all wireless carriers. Activation fees, early termination fees, and additional restrictions apply. Must be 18 or older to qualify. Void where restricted or prohibited by law. Not valid with any other offer or for business accounts. Limited time offer that is subject to change and only valid in the United States. See full offer for details. Offers for wireless products and services are fulfilled by Simplexity, LLC, an authorized agent for the featured wireless service providers. Promotion executed by PageMaster Corporation, Thousand Oaks, CA.
The Program is open to legal residents of the 50 United States (or the District of Columbia) who are 18 years or older at the time of enrollment. The Program is void where prohibited by law.
1.Employees and non-employee workers of Big Red, Inc., Big Red bottlers, Dr Pepper/Seven Up Inc., PageMaster, their respective parent companies, subsidiaries, affiliates, and agents and agencies involved in the Big Red Smartphone Offer
("Program"), as well as the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible to participate in any Program, Sweepstakes, Instant Win Game or Contest of any kind offered by Big Red Inc. Former employees of Big Red Inc. and its contest affiliates must provide documentation that it has been at least one (1) calendar year since the final date of employment.
C. Duration of Program
1. The Program begins at 12:00 a.m. Central Standard Time ("CST") on January 1, 2014, and is scheduled to end at 11:59 p.m. CST on March 31, 2014 (the "Submission Period"), but Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time. Entrants may enter codes to claim their smart phones beginning at 12:00 a.m. CST on January 1, 2014, until 11:59 p.m. CST on March 31, 2014 (the "Entry Period").
D. Enrolling in the Program
Individuals who are 18 years of age or older at time of entry who meet the eligibility requirements may enter to win at the Website www.BigRedPhones.com
. Follow the onscreen instructions to sign in, and use the code under a participating Big Red bottle cap to claim your smart phone.
Entries will be accepted until end of Submission Period, 11:59 p.m. CST on March 31, 2014.
G. Modifications and Termination of the Program
1. Sponsor reserves the right to modify any of the Terms and Conditions set forth herein - including, but not limited to, the duration of the Contest Submission Period and methods by which Enrollees may enter.
2. Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with notice.
3. An Enrollee's continued participation in the Program constitutes the Enrollee's acceptance of any changes to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable of any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available at the Website and will supersede all previous versions of these Terms and Conditions.
H. General Terms and Conditions
2. The Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or with any federal, state or local, laws, statutes or ordinances. In addition, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
3. Sponsor reserves the right to rescind prizes to a winner which were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program.
4. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program.
6. Sponsor is not responsible for any incorrect or inaccurate information supplied by any Enrollee participating in the Program.
7. All questions or disputes regarding eligibility for the Program, or an Enrollee's compliance with these Terms and Conditions will be resolved by the Sponsor in its sole discretion.
J. Limitation of Liability
1. The Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Big Red, Inc, Big Red Bottlers, Dr Pepper/Seven UP Inc, PageMaster nor their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Releasees”) shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Big Red Inc, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by the Prizes Partners. TO THE FULLEST EXTENT ALLOWABLE BY LAW, BIG RED, INC, BIG RED BOTTLERS, DR PEPPER/SEVEN UP INC, PAGEMASTER AND THEIR PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.
2. As a condition of participating in this Program, each Enrollee agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Prizes obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association (2) any and all claims, judgments and prizes shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will any Enrollee be permitted to seek recovery for, and Enrollee hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
3. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Enrollee and the Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas.
4. These Terms and Conditions constitute the entire agreement between Program participants and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
5. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
6. Both the Promotion winner and their guest will be required to sign release(s) releasing Sponsor of all liability in connection with the prize prior to awarding of the prize or participating in any of the prize activities mentioned in section E.1.
Big Red Inc.
6500 River Place Boulevard
Building 1, Suite 450
Austin, TX 78730
L. Copy of Official Rules:
For a copy of the Official Rules, please visit: www.BigRedPhones.com/rules
or send a stamped, self-addressed envelope to:
Big Red Inc.
Big Red Smartphone Offer “Official Rules”
6500 River Place Blvd. Bldg. 1 Ste 450
Austin, TX 78730
M. Winner’s List:
Winner’s List will be available after May 31, 2014. For a copy of the Winner’s List, send a stamped, self-addressed envelope to:
Big Red Inc.
Big Red Smartphone Offer “Winner’s List”
6500 River Place Blvd. Bldg. 1 Ste 450
Austin, TX 78730