7NOW™ Apple AirPods® Gift with Purchase Offer Terms
1. DESCRIPTION: LIMIT ONE (1) OFFER PER HOUSEHOLD. Open only to legal U.S. residents who are at least eighteen (18) years of age and who physically reside in the fifty (50) United States or the District of Columbia (“Participant”). The 7NOW™ Gift with Purchase (the “Offer”) begins on Thursday, July 25, 2019 at the time announced on 7NOW social media channels and through 7NOW push notifications and ends when all 500 Offers are claimed or at 11:59:59 pm PT on Thursday, July 25, 2019, whichever comes first (the “Offer Period”). The sponsor of this Offer is 7-Eleven, Inc., 3200 Hackberry Road, Irving TX 75063 (“Sponsor”). The administrator of this Offer is Creative Zing Promotion Group, 2265 Lee Road, Suite 229, Winter Park, FL 32789 ("Administrator"). Employees of Sponsor, Administrator (collectively, the “Offer Entities”) and each of their respective parents, affiliates, subsidiaries, franchisees, agencies, consultants, contractors, shareholders, officers, directors, members, successors, agents and assigns, together with the Immediate Family Members and/or Household members of such persons, are not eligible to claim the Offer. For purposes of the promotion, "Household” members shall mean those people who share the same residence at least three months a year, whether or not related; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Void where restricted or prohibited by law.
Using the 7NOW App during the Offer Period, eligible Participants in the available delivery areas must place a single order for a minimum of $50 USD (before sales tax) and receive delivery of such order (a “Qualifying Purchase”). If the Participant cancels, returns or otherwise fails to take delivery of the order, such order will be deemed ineligible for the Offer. Offer available for Qualifying Purchases made during the Offer Period only and while supplies last. Limited quantities; Offers will be fulfilled on a first-come, first-served basis.
Within approximately 72 hours of validation of an eligible Qualifying Purchase, the Participant will receive a notification email from the Administrator containing a unique link to claim the Offer. Participant will be required to click the link and complete the “Offer Acceptance Form”, as directed by the Administrator and in accordance with the deadlines stated on the notification email. The Participant will be required to provide his or her mailing address for fulfillment purposes; no PO boxes, military APO/FPO or international address are permitted. Failure to complete the Offer Acceptance Form by the stated deadline may result in forfeiture of the Offer and any Gift the Participant might otherwise be entitled to receive. If an Offer is awarded but goes unclaimed, such Offer may not be re-awarded, at the sole discretion of the Offer Entities. In the event of multiple Qualifying Purchases from the same Household or the same individual, only the first Qualifying Purchase associated with such household or individual will be eligible.
3. OFFER GIFT: The Offer gift (the “Gift”) consists of one (1) pair of Apple AirPods® with standard Charging Case - 2nd Generation. Approximate Retail Value: $159.00. Sponsor reserves the right to substitute any Gift with a gift of equal or greater value should the offered Gift become unavailable for any reason other than being claimed by a Participant. Unclaimed Gifts, if any, will go un-awarded. Gift is provided “as is” without warranty of any kind, either express or implied, and Sponsor hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Gifts will be fulfilled to the address provided on the Offer Acceptance Form within approximately 4-6 weeks of completion of form and the package will require a signature.
4. CONDITIONS OF PARTICIPATION: The Offer Entities shall have the right, in their sole discretion, to disqualify any individual who attempts to participate fraudulently, and the Offer Entities reserve the right to prosecute any fraudulent participants to the fullest extent of the law. Offer Entities reserve the right, in their sole discretion, to cancel, modify, extend or suspend the Offer at any time for any reason. In the event of any such disruption, a notice will be posted by the Sponsor. The Offer Entities shall not be liable for: (a) lost, damaged, or stolen Gifts; (b) claims based on defamation or invasion of privacy; or (c) any printing, typographical, human administrative or technological errors in any materials associated with the Offer. Sponsor may prohibit you from participating in the Offer or receiving a Gift if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Offer by cheating, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Participants or Sponsor's representatives. Participants shall indemnify, defend and hold harmless the Offer Entities and each of their respective parents, affiliates, subsidiaries, franchisees, consultants, contractors, shareholders, officers, directors, members, successors, agents, production partners, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters and their respective officers, directors, employees, representatives, designees and agents (collectively, the "Released Parties") from and against any and all liability, claims, loss, damage, injury or expense, including reasonable outside attorneys’ fees, arising out of or in connection with (i) Participant’s participation in the Offer and/or (ii) acceptance, possession, use or misuse of the Gift, including without limitation, personal injury, death and property damage arising therefrom.
5. GOVERNING LAW: This Offer is governed by the laws of the United States and the State of Texas, U.S.A., without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of Texas. As a condition of participating in this Offer, Participant irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts in Collin County, Texas for all disputes arising out of or relating to the Offer.
Any legal actions against Sponsor must be commenced within two year(s) after the claim arose. Any controversy or claim arising out of or relating to the Offer 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 Participant cannot afford to pay for the arbitration Participant agrees 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, Sponsor 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).
AirPods are a registered trademark of Apple Inc. All rights reserved. Apple is not a participant in or sponsor of this promotion.