7-Eleven® Rally Up Sweepstakes
Official Rules
Important:
Please read these Official Rules before participating. By participating in this
Sweepstakes, Entrants agree to be bound by these Official Rules, and Entrants
represent that they satisfy all the eligibility requirements below. NO PURCHASE
IS NECESSARY TO ENTER OR WIN; A PURCHASE WILL NOT INCREASE YOUR ODDS OF
WINNING.
1. SWEEPSTAKES DESCRIPTION: The "7-Eleven® Rally Up Sweepstakes" (the "Sweepstakes") begins on Wednesday, August 30, 2023, at 12:00:01 am Eastern Time ("ET") and ends on Tuesday, January 9, 2024, at 11:59:59 pm ET ("Sweepstakes Period"). The Sweepstakes Period is separated into two (2) distinct entry periods (each an "Entry Period"), as described in the "Entry Chart" in Section 3. Each Entry Period will culminate in a random drawing. Entries will not carry over between individual Entry Periods, but all cumulative entries received for the duration of the Sweepstakes Period will carry over to one (1) Cumulative Prize Drawing (the "Cumulative Prize Drawing") that will be conducted at the conclusion of the Sweepstakes Period. The sponsor of this Sweepstakes is 7-Eleven, Inc., 3200 Hackberry Road, Irving, TX 75063 ("Sponsor"). The administrator of this Sweepstakes is Creative Zing Promotion Group, 2100 E Robinson Street, Orlando, FL 32803 ("Administrator"). The Sponsor and Administrator are referred to below as the "Sweepstakes Entities". Surgeon Worldwide Inc. (“The Shoe Surgeon”) does not administer, execute, or produce this Sweepstakes. The Shoe Surgeon’s trademarks and other intellectual property are the property of Surgeon Worldwide Inc.
2. ELIGIBILITY: Sweepstakes is open only to legal
U.S. residents physically residing in
the fifty (50) United States or the District of Columbia
who are at least sixteen (16) years of age at the time
of entry and who meet all other requirements in these Official Rules (each
an "Entrant"). If Entrant is under the legal age of
majority in their state of primary residence (a "Minor"), one of the Entrant's parents or legal guardians
agrees that they have read, understood, and agreed to the Official Rules and
that such agreement constitutes acceptance of these Official Rules on behalf of
Entrant and themselves. Employees of Sweepstakes Entities,
The Shoe Surgeon, and each of their respective franchisees, subsidiaries,
agencies, shareholders, officers, directors, members, successors, agents, and
assigns, together with the Immediate Family Members and Household Members of
such persons, are not eligible to participate in the Sweepstakes. For purposes
of the Sweepstakes, "Household
Members" means those people who share the same residence at least
three months a year, whether or not related; "Immediate Family Members" means parents, stepparents, legal
guardians, children, stepchildren, siblings, stepsiblings, or spouses, regardless
of where they live. Sweepstakes is void where restricted or prohibited by law.
3. HOW TO
ENTER: There are five (5) ways to participate in the Sweepstakes (each an "Entry
Method" and collectively "Entry Methods"), as
described below. For
purposes of these Official Rules, a "Day"
means any twenty-four (24) hour period during the Sweepstakes Period beginning
at 12:00:01 am local time ("LT") and ending at 11:59:59 pm LT,
except on August 30, 2023, when the Day starts at 12:00:01 am ET, and on January
9, 2024, when the Day ends at 11:59:59 pm ET (regardless of Entrant's local
time).
ENTRY CHART
Entry Period |
Start Date / Time |
End Date / Time Mail-In Postmarked by Date |
Mail-In Received by Date |
Mail-In Entry Address |
Drawing Date (on or about) |
1 |
August
30, 2023, at 12:00:01 am ET |
October 31, 2023, at 11:59:59 pm LT |
November 7, 2023 |
Creative Zing / RU EP1 PO Box 533966 Orlando, FL 32853 |
November 8, 2023 |
2 |
Nov 1, 2023, at 12:00:01 am LT |
January 9, 2024, at 11:59:59 pm ET |
January 16, 2024 |
Creative Zing / PU EP2 PO Box 547370 Orlando, FL 32854-7370 |
January 17, 2024 |
Cumulative Prize |
Drawn From Cumulative Entries Received For Entry Periods 1 & 2 |
January 17, 2024 |
The
7-Eleven, Inc. App (the "7-Eleven App") or the 7NOW App
(the "7NOW App"), or the Speedway, LLC App (the "Speedway
App") are required for certain methods of entry, as detailed below.
The 7-Eleven App, 7NOW App, and
Speedway App can be obtained for free by visiting Google Play or the iTunes App
Store and downloading the 7-Eleven App or 7NOW App to a web-enabled iOS 11.0 or
Android 6.0 (or higher) mobile device or downloading the Speedway App to a
web-enabled iOS 14.0 or Android 8.0 (or higher) mobile device, then following
the in-app instructions to complete an account profile. Registered 7-Eleven
App, 7NOW App, and Speedway App users are automatically enrolled in 7Rewards or
Speedy Rewards. Data rates may apply. Participation in
7Rewards and use of the 7-Eleven and 7NOW App are subject to Sponsor's Terms,
available at https://www.7-eleven.com/terms, and Privacy Notice, in
Section 12 below. Participation in Speedy Rewards and use of the
Speedway App are subject to Speedway's Terms, available at https://www.speedway.com/about/terms-and-conditions, and the Speedway
Privacy Notice, linked in Section 12 below. For 7-Eleven App, 7NOW App, and Speedway App entries,
Entrants must fully and accurately complete the registration process for
the 7-Eleven App, 7NOW App, or Speedway App. To be notified as a potential “Winner”
(as defined in Section 4), an Entrant must be opted-in to receive marketing
communications from 7-Eleven if participating via the 7-Eleven App or 7NOW App and
from Speedway if participating via the Speedway App. Individuals
may opt out at any time.
Entry Methods 1 - 4 below are available during the Sweepstakes Period at participating 7-Eleven, Stripes, and Speedway store locations and in 7NOW delivery locations. Entry Method 5 is available for free during the entire Sweepstakes Period, as further described below. For Entry Method 5 (Entry Period One), Mail-In Entries must be postmarked by October 31, 2023, and received by November 7, 2023. For Entry Method 5 (Entry Period Two), Mail-In Entries must be postmarked by January 9, 2024, and received by January 16, 2024.
THERE IS A LIMIT OF THIRTY-FIVE (35) ENTRIES PER PERSON PER DAY, REGARDLESS OF THE ENTRY METHOD.
1.)
7-Eleven App Entry: The 7-Eleven App is required for this method of
entry. Eligible Entrants must present and have their 7-Eleven
App scanned during traditional, e-wallet, or mobile checkout of one or
more of any products (excluding alcohol, tobacco, fuel, or lottery) to
automatically receive one (1) entry into the Sweepstakes per eligible product. In
addition, if the Entrant follows these instructions when purchasing one or more
"Participating Products" (as detailed in the Participating
Products Charts below), they will automatically receive the corresponding
number of additional entries into the Sweepstakes for the corresponding Day, up
to the maximum of thirty-five (35) entries per Day.
2.) 7NOW App
Entry: The 7NOW App is required for this method of entry. Eligible
Entrants must use the 7NOW App to complete an order of one or more of any
products (excluding alcohol, tobacco, fuel, or lottery) to automatically
receive one (1) entry into the Sweepstakes per eligible product. In addition,
if the Entrant purchases one or more Participating Products, they will automatically receive
the corresponding number of entries into the Sweepstakes for the corresponding
Day, up to the maximum of thirty-five (35) entries per
Day.
3.) Speedway App Entry: The Speedway App is required for this method
of entry. Eligible Entrants must present and
have their Speedway App scanned during the checkout of one or more of any
products (excluding alcohol, tobacco, fuel, or lottery) to automatically
receive one (1) entry into the Sweepstakes per eligible product. In
addition, if the Entrant purchases one or more Participating Products, they will automatically receive
the corresponding number of entries into the Sweepstakes for the corresponding
Day, up to the maximum of thirty-five (35) entries per Day.
4.) 7Rewards
& Speedy Rewards Card/CFD/PIN Entry: Eligible Entrants must input their
registered phone number via the consumer-facing display/PIN pad ("CFD")
during checkout from 7-Eleven, Stripes or Speedway to access the corresponding
7Rewards or Speedy Rewards account or present/scan their 7Rewards or Speedy
Rewards card during checkout at the corresponding retailer when purchasing one
or more of any products (excluding alcohol, tobacco, fuel, or lottery) to
automatically receive one (1) entry into the Sweepstakes per eligible product. In
addition, if the Entrant purchases one or more Participating Products, they will automatically receive
the corresponding number of entries into the Sweepstakes for the corresponding
Day, up to the maximum of thirty-five (35) entries per Day.
Entry Period One
Participating Products – All Sizes & Flavors
Dates: August 30, 2023, at 12:00:01 am
ET – October 31, 2023, at 11:59:59 pm LT
Category |
Products |
Entries Per Each Product |
Brands |
7-Select |
7 |
Red Bull |
7 |
|
Dr. Pepper |
7 |
|
Jack Links |
7 |
|
Fast Twitch
Energy Drink |
7 |
|
Hot Foods, Deli & Bakery |
Pizza |
7 |
Chicken Wings & Strips |
7 |
|
Hot Sandwiches/Burgers |
7 |
|
Big Bite Hot Dog |
7 |
|
Taquitos & Rollers |
7 |
|
Empanadas & Tamales |
7 |
|
Glazed Meatballs |
7 |
|
Jamaican Beef Patties |
7 |
|
Pupusa |
7 |
|
Cheesy Bread |
7 |
|
Egg Rolls |
7 |
|
Potato Wedges |
7 |
|
Mini Tacos |
7 |
|
Pre-made Salads |
7 |
|
Heat & Go Sandwiches |
7 |
|
Fresh Deli Sandwiches |
7 |
|
Fresh Bakery & Baked In-Store Items |
7 |
|
Beverages |
Slurpee |
7 |
Big Gulp |
7 |
|
Hot & Iced Coffee |
7 |
Entry Period Two
Participating Products – All Sizes & Flavors
Dates: November 1, 2023,
at 12:00:01 am LT – January 9, 2024, at 11:59:59 pm ET
Category |
Products |
Entries Per Each Product |
Brands |
7-Select |
7 |
CELSIUS |
7 |
|
Pepsi |
7 |
|
Lays |
7 |
|
Snickers |
7 |
|
Trolli |
7 |
|
Hot Foods, Deli & Bakery |
Pizza |
7 |
Chicken Wings & Strips |
7 |
|
Hot Sandwiches/Burgers |
7 |
|
Big Bite Hot Dog |
7 |
|
Taquitos & Rollers |
7 |
|
Empanadas & Tamales |
7 |
|
Glazed Meatballs |
7 |
|
Jamaican Beef Patties |
7 |
|
Pupusa |
7 |
|
Cheesy Bread |
7 |
|
Egg Rolls |
7 |
|
Potato Wedges |
7 |
|
Mini Tacos |
7 |
|
Pre-made Salads |
7 |
|
Heat & Go Sandwiches |
7 |
|
Fresh Deli Sandwiches |
7 |
|
Fresh Bakery & Baked In-Store Items |
7 |
|
Beverages |
Slurpee |
7 |
Big Gulp |
7 |
|
Hot & Iced Coffee |
7 |
For 7-Eleven, 7NOW, Speedway App, and 7Rewards/Speedy Rewards Card/CFD/PIN Methods of Entry: Rewards points may still be accumulated for 7-Eleven App, 7NOW App, Speedway App, 7Rewards card, Speedy Rewards card, and CFD scans that exceed the entry limitations, but no additional Sweepstakes entries will be awarded for those scans. The Entrant must be the authorized account holder of the registered 7Rewards, or Speedy Rewards account associated with the entry. In the event of a dispute over the identity of an Entrant or potential "Winner" in the Sweepstakes, the Entrant or potential Winner will be deemed the authorized account holder of the email address associated with the 7Rewards account or Speedy Rewards account. "Authorized Account Holder" is defined as the natural person in whose name the email account was opened, as long as such person is otherwise eligible in accordance with these Official Rules. If a dispute regarding the identity of an Entrant or potential Winner cannot be resolved to the Sponsor's satisfaction, the affected entry will be deemed ineligible. Entries will not be acknowledged except as provided herein.
5.)
Mail-In Method of Entry: To
enter the Sweepstakes without completing a purchase (each a "Mail-In
Entry" or collectively, the "Mail-In Entries"),
eligible Entrants must legibly handwrite (in ink) the following
information on a 3" x 5" index card:
·
Name
·
Email
Address, and
·
Entrant's
7-Eleven Member ID or Speedy Rewards Card Number (optional)
o 7-Eleven Member ID can be found in the
7-Eleven App or while logged into your free 7Rewards account at 7-eleven.com)
o Speedy Rewards Card Number can be found
in the Speedway App or while logged into your free Speedy Rewards account at
Speedway.com
Each Mail-In
Entry must be in a separate handwritten envelope, and each must be mailed separately.
Photocopied or mechanically reproduced envelopes or entries are not
eligible. All Mail-In Entries become the property of Sweepstakes
Entities and will not be returned or acknowledged.
Entry Period One
Mail-In Entries must be postmarked by October 31, 2023, and received by
November 7, 2023, and mailed to the address below:
Creative Zing / RU EP1
PO Box 533966
Orlando, FL 32853
Entry Period Two
Mail-In Entries must be postmarked by January 9, 2024, and received by January
16, 2024, and mailed to the address below:
Creative Zing / RU EP2
PO Box 547370
Orlando, FL 32854-7370
Entrants
will receive thirty-five
(35) entries into the
Sweepstakes for each eligible Mail-In Entry received by the Sweepstakes
Entities. Limit one (1) Mail-In Entry per 7-Eleven Member ID or
Speedy Rewards Card Number per Day. Mail-In Entries will be attributed to the Day on which they are
postmarked. Sweepstakes Entities are not
responsible for lost, late, damaged, illegible, misdirected, or
postage-due Mail-In Entries.
For All Entry Methods: All entries must be received by the dates
and times stated in the Entry Chart and herein. Any
deliberate attempt by an Entrant to obtain more than the stated number of
entries by using multiple/different identities, registrations, logins, or any
other methods will void such Entrant's excess entries, and that Entrant may be
disqualified from the Sweepstakes. Entries generated by a macro, script, or
other automated means will be disqualified. All entries become the sole
property of the Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY
INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF
SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes the Entrant's
understanding of and full and unconditional agreement to and acceptance of
these Official Rules. Sponsor reserves the right to disqualify any Entrant that
Sponsor determines to be in violation of any term contained in these Official
Rules.
4. WINNER SELECTION AND
NOTIFICATION: On or about each "Drawing
Date" indicated in the Entry Chart at the beginning of Section 3
(each a "Drawing Date"), the potential Winners of the “Prizes”
available for each corresponding Entry Period will be selected in a random
drawing conducted by the Administrator from among all eligible entries received
for such Entry Period. On or about the Drawing Date for the Overall Prize
Drawing, the Administrator will conduct a random drawing from among all
eligible entries received throughout the entire Sweepstakes Period to select a
potential Winner of the Prize available for the Overall Prize Drawing. Pending
confirmation of eligibility and completion of the steps outlined below to claim
each Prize, each potential Winner will be confirmed as a "Winner".
Prize
Claim: Each
potential Prize Winner will be required to respond (as directed) to the
notification within three (3) days (or a shorter time if required by exigencies)
of attempted notification. Each potential Prize Winner will be provided with their own unique link to confirm eligibility and complete a digital Prize acceptance form (the "Prize
Acceptance Form"). If the potential Winner publicly shares
or publishes their link to the Prize Acceptance Form, such potential Winner may
be disqualified at the discretion of the Sweepstakes Entities. Physical Prizes
will be fulfilled to the address provided on the Prize Acceptance Form, as
further detailed in the Prize descriptions in Section 6.
If an email address is invalid or a
potential Winner fails to respond as directed, the prize may be forfeited. If a potential
Winner forfeits, is
found to be ineligible, or if they have not complied with these Official Rules,
or declines the prize for any reason prior to award, such potential Winner will
be disqualified, and an alternate potential Winner will be selected
at random from the eligible entries for the corresponding Entry Period in
accordance with the aforementioned procedures. The Sweepstakes Entities will attempt to
contact up to five (5) potential Winners of each prize in accordance with the above
procedure, after which the prize in question may go unawarded if it remains
unclaimed. If a prize is
awarded but goes unclaimed, such prize may not be re-awarded at the sole
discretion of the Sweepstakes Entities. Sweepstakes Entities reserve the right to disqualify anyone
not fully complying with the Official Rules. Other restrictions may apply.
5. ODDS OF WINNING: Odds of winning an Entry Period Prize depend on the
number of eligible entries received for the corresponding Entry
Period. Odds of winning in the Cumulative
Prize Drawing depend on the number of eligible entries received for
the Sweepstakes Period.
6. PRIZES: Fourteen hundred and three (1403) total Prizes are available. Limit one (1) Prize per person for the Sweepstakes duration. All values are in U.S. dollars. A Winner cannot assign or transfer the Prize claim to another person. No cash alternatives or Prize substitution is allowed except at the discretion of Sweepstakes Entities. Unless otherwise stated in the Prize description, if a Prize cannot be awarded or fulfilled due to circumstances beyond the control of the Sweepstakes Entities, a substitute Prize of equal or greater retail value may be awarded. The approximate retail value ("ARV") is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the Prize is awarded or redeemed. If the actual value of a prize is less than the ARV stated herein, the Winner will not be entitled to a check, cash, or other forms of payment for the price difference. Any depictions of prizes are for illustrative purposes only. Prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose). Other restrictions may apply. ALL FEDERAL, STATE, AND LOCAL TAXES AND ANY OTHER COSTS AND EXPENSES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF EACH WINNER.
GRAND PRIZE (2
TOTAL / 1 AVAILABLE PER ENTRY PERIOD): The Grand Prize consists of a virtual
collaboration with The Shoe Surgeon to create a custom sneaker design from the
Grand Prize Winner’s choice of two (2) different base model sneakers. The
virtual collaboration will consist of at least one (1) 15-minute video call
with The Shoe Surgeon team. The Grand Prize Winner will receive one (1) pair of
custom sneakers created by The Shoe Surgeon and inspired by the collaboration
with the Grand Prize Winner. Grand Prize ARV: $595.00 each.
The video call has no associated cash
value. The video call will be scheduled at a date and time selected as mutually
agreed upon by The Shoe Surgeon and Grand Prize Winner. The Grand
Prize Winner may be required to complete and return confidentiality or other
release forms if and as requested by The Shoe Surgeon team in their sole
discretion. If the Grand Prize Winner cannot
participate in the video call on
the agreed-upon date and time, the video call portion of the Prize will be
forfeited. During the video call, the Grand Prize Winner shall
not commit any act intended to shock, insult, or offend The Shoe Surgeon
team or otherwise
constitute inappropriate behavior. If the Winner engages
in behavior that is obnoxious, threatening, illegal, profane, or that is
otherwise offensive or inappropriate, The Shoe Surgeon team reserves the right to
terminate the Grand Prize Winner’s
participation in the video call with no other further obligation and to provide
a custom sneaker designed at the discretion of The Shoe Surgeon team. Allow 10-12
weeks for production and delivery of the custom sneakers.
Nature of
Relationship/Waiver of Equitable Relief: Grand Prize Winner understands and
acknowledges that The Shoe Surgeon has wide access to ideas and other
materials and that new ideas are constantly being developed by their own
employees, suppliers, and/or business partners. Grand Prize Winner also
acknowledges that many ideas may be competitive with, similar, or identical to
an idea and/or each other and agrees that they will not bring any action
against The Shoe Surgeon or Sweepstakes Entities and will not be entitled to
any compensation, because of The Shoe Surgeon or any
third-party use of any such similar or identical idea. Grand
Prize Winner acknowledges and agrees that The Shoe Surgeon does not now and
shall not have in the future any duty or liability, direct or indirect,
vicarious, contributory, or otherwise, with respect to the infringement or
protection of copyright, patent, trade secret, or other intellectual property
rights in and to the collaboration. Nothing stated herein should be construed to create any kind
of employment relationship, contractor relationship, partnership, or joint
venture with The Shoe Surgeon.
FIRST PRIZE (1400 TOTAL / 700
AVAILABLE PER ENTRY PERIOD): The First Prize consists of one (1) pair of
7-Eleven or Speedway-branded custom sneakers featuring The Shoe Surgeon’s
designs and imagery. Sneakers are available in unisex sizes, as detailed on the
Prize Acceptance Form. Allow 14 -16 weeks for production and delivery of the
custom sneakers. The Prize will be fulfilled
to the address provided on the Prize Acceptance Form. First Prize ARV: $150.00
each.
OVERALL PRIZE (1 AVAILABLE FOR THE
ENTIRE SWEEPSTAKES PERIOD): The Overall Prize consists of one (1) pair of
7-Eleven or Speedway-branded custom sneakers featuring The Shoe Surgeon’s
designs and imagery. Sneakers are available in unisex sizes, as detailed on the
Prize Acceptance Form. Allow 14 -16 weeks for production and delivery of the
custom sneakers. The Prize will be fulfilled
to the address provided on the Prize Acceptance Form. Overall Prize ARV: $150.00.
CUMULATIVE ARV OF ALL PRIZES: $211,340.00
7. DISCLAIMER: Sweepstakes Entities, The Shoe Surgeon, and each of their respective parent companies, partners, subsidiaries, franchisees, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees, advertising, fulfillment, and marketing agencies (collectively, the "Released Parties") will not be responsible for (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties' reasonable control; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties; or (d) any printing, programming or typographical errors in any materials associated with the Sweepstakes.
8.
LIMITATIONS OF LIABILITY AND RELEASES: By participating in the Sweepstakes, Entrant (and if the Entrant is a Minor, the Entrant's parent or
legal guardian) releases the Sweepstakes Entities, The Shoe Surgeon, and
all Released Parties from any liability whatsoever and waive any and all causes
of action, related to any claims, costs, injuries, losses, death or damages of
any kind arising out of or in connection with the Sweepstakes or acceptance and
use of a Prize (including claims, costs, injuries, losses and damages related
to rights of publicity or privacy, defamation or portrayal in a false light,
whether intentional or unintentional), whether under a theory of contract, tort
(including negligence), warranty or other theory. IF THE ENTRANT IS A
MINOR, THEIR PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO INDEMNIFY AND HOLD
HARMLESS EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES,
OR DAMAGES DESCRIBED IN THE PRECEDING SENTENCE OF THIS PARAGRAPH THAT MAY BE
SUFFERED BY THE ENTRANT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF
PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO
PARTICIPATION IN THE SWEEPSTAKES OR USE OR INABILITY TO USE ANY EQUIPMENT
PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE
RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO PARTICIPATION IN THE
SWEEPSTAKES OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE
SWEEPSTAKES OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION
WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE
CAUSED BY PRODUCTS BOUGHT FROM THE SPONSOR OR FOR THE RELEASED PARTIES' GROSS
NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD. AS A CONDITION OF ACCEPTING
THE PRIZE, WINNER WILL INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM
ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES THAT ARISE OUT OF WINNER'S OR
ANY OF THEIR GUESTS' ACCEPTANCE, TRAVEL RELATED TO, PARTICIPATION IN, USE,
MISUSE, NEGLIGENCE, OR WILLFUL MISCONDUCT IN CONNECTION WITH THE PRIZE (OR ANY
COMPONENT THEREOF).
9. USE OF WINNER'S NAME AND LIKENESS: To the fullest extent permitted by applicable law, participation in the Sweepstakes constitutes permission for the Sweepstakes Entities to use the Winner's name, hometown, aural and visual likeness, and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing list of Winners). As a condition of being awarded any prize, except where prohibited by law, the Winner may be required to execute a consent to use their name, hometown, aural and visual likeness, and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By participating in the Sweepstakes, Entrant (or if a Minor, Entrant's parent, or legal guardian) consents to being contacted by the Sweepstakes Entities and Released Parties for any purpose in connection with this Sweepstakes.
10. DISPUTES: These Official Rules are governed by the laws of the State of Texas, U.S.A., without regard to Texas conflict of law provisions. By participating in the Sweepstakes, each Entrant (or their parent or legal guardian if a Minor) irrevocably consents 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 Sweepstakes. Any legal actions against the Sponsor must be commenced within two years after the claim arose. Any controversy or claim arising out of or relating to the Sweepstakes or these Official Rules 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 individually 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 Entrant cannot afford to pay for the arbitration, Entrant agrees to provide Sponsor 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 arbitrator's award shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, the 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).
11. GENERAL CONDITIONS: Entrants agree to be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, at its sole discretion, and to suspend or cancel the Sweepstakes or any Entrant's participation in the Sweepstakes should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor's reasonable control affect the administration, security or proper participation in the Sweepstakes, or Sponsor otherwise becomes (in its sole discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule, or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes, or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes, or any other Entrant (as determined in Sponsor's sole discretion) are subject to disqualification, in which case, the Entrant's 7-Eleven App, 7NOW App, Speedway App, 7Rewards or Speedy Rewards account privileges may be revoked. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to participate in the Sweepstakes. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms "include" or "including" in these Official Rules is illustrative and not limiting.
12. PRIVACY: The information provided by Entrants will only be used as provided in these Terms or the Privacy Notice corresponding to the Entrant's form of entry. See 7-Eleven's Privacy Notice at https://www.7-eleven.com/privacy and Speedway's Privacy Notice at https://www.speedway.com/about/privacy-policy for details regarding the use of the personal information collected in connection with this Sweepstakes. In the event of any conflict between these Official Rules and such Privacy Notices, these Official Rules shall control. By participating, Entrant grants Sponsor permission to share Entrant's name, email address, and any other personally identifiable information with the Administrator solely for the purpose of Sweepstakes administration and fulfillment.
13. WINNERS /OFFICIAL RULES: For a copy of these Official Rules or the list of Winners, send a stamped, self-addressed, business-size envelope to Creative Zing – Rally Up Sweepstakes Rules (or Winners), 2100 E Robinson Street, Orlando, FL 32803. Requests must be received no later than February 29, 2024.
The Sweepstakes and all
accompanying materials are copyright © 2023 by 7-Eleven, Inc. All rights
reserved. "7-Eleven" is a registered trademark of 7-Eleven, Inc.
7REWARDS is a trademark of 7- Eleven, Inc. Speedway is a registered trademark
of Speedway, LLC. Speedy Rewards is a trademark of Speedway, LLC. Official
Rules cannot be copied or reproduced without the express written permission of
Creative Zing Promotion Group.
Surgeon Worldwide Inc. and its partners, affiliates, subsidiaries, and artists
are not sponsors of this Sweepstakes and shall bear no responsibility or
liability for any aspect of the administration of the Sweepstakes.