MIXXEE STREET CREW REWARDS PROGRAM

 

1.     General Conditions.  The Mixxee Street Crew Rewards Program (“Program”) is sponsored by HighWired Technologies, Inc., a Delaware corporation (“Sponsor”).  The Program is governed by the laws of the State of California and applicable United States federal law, without regard to any conflicts of laws principles.  The courts of the State of California (state and federal) shall have sole jurisdiction of any dispute regarding the Program, and by participating in the Program, you waive any objection to jurisdiction and venue in those courts and submit to the jurisdiction of those courts.  If you participate in the Program, you agree to abide by the terms of these Official Rules (the “Rules”).  The Program is also governed by Sponsor's Terms and Conditions at http://www.mixxee.com/tnc.html, Privacy Policy at http://www.mixxee.com/pp.html, and Street Crew Rules at http://www.mixxee.com/streetcrew/rules.html (collectively, the “Policies”), although the Rules will govern any conflict between any of the Policies and the Rules.

2.     Eligibility.  Only current members of Mixxee Street Crew may participate in the Program (to become a Street Crew member, view the Street Crew Rules at http://www.mixxee.com/streetcrewrules.html ). Participation in the Program (“Rewards Membership”) is open to U.S. residents (excluding U.S. territories) of at least fourteen (14) years of age that are members of Street Crew. By applying for a Rewards Membership, you represent that you are at least fourteen (14) years of age or older.  If you are selected for a Rewards Membership, your Rewards Membership is non-transferable and is subject to present and future Program rules.  Officers, directors, and employees of Sponsor, and immediate family members (or persons living in the households) of any such officers, directors, and employees, are not eligible for Rewards Membership in the Program.  Sponsor will only accept Rewards Memberships that have been completed, submitted, and accepted as described below. 

3.    Rewards Membership.  Only one (1) application for Rewards Membership per person is permitted.  In order to apply for Rewards Membership:

·         Go to Sponsor’s website at http://www.mixxee.com  (the “Program Site”);

·         Complete and submit the Rewards Membership application form on the Program Site (you must provide all the information requested in the application);

·         You will be required to enter your:

·         Friend Code provided by Sponsor at the time you became a member of Street Crew; AND

·         the email address you used when you registered for Street Crew

·         Participate in the Program by earning points and receiving rewards, as described below.

Members may only participate in the Program (“Participants”) using one (1) email address.  Once an email address has been used to participate by a Participant, that email address cannot be used by any other person for this Program.  Participants are responsible for notifying Sponsor of any change in Participant’s email address by updating Participant’s contact information on the Program Site.  Sponsor will have no responsibility for, and will have the right to refuse in its sole and absolute discretion, any copies of submitted applications, applications that have been tampered with, or applications that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible, whether due to Internet or email server failure or otherwise.  In the event of a dispute regarding who submitted an application, the application will be deemed to have been submitted by the owner of the email account specified in the application.  “Owner” means, for purposes of these Rules, the person who is assigned to an email address by an Internet service provider, online service provider, or other organization (e.g., educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. 

4.     Participation.   Tell your friends about Mixxee.com!  As a Participant in the Program, you earn 25 points ("Point") for every other person that becomes a new registered user of www.Mixxee.com; and 75 Points when that person creates a Mixxee PROVIDED THAT the person enters your Friend Code when registering at www.Mixxee.com (a “Referred Friend”).  You may only contact friends and family to refer them to Mixxee.com. You agree not to pester, pressure or “spam” anyone about Mixxee. NO FEE OR PURCHASE IS NECESSARY TO BECOME A REGISTERED USER, TO CREATE A MIXEE OR FOR YOU TO EARN POINTS.  A FEE PAYMENT OR PURCHASE WILL NOT IMPROVE YOUR CHANCES OF EARNING POINTS.  Points will post to your Rewards Membership within 8 days from the date of submission of your Program Code by a Referred Friend or within 8 days after a Referred Friend creates a Mixxee].  Rewards Membership Points have no cash value and are non-transferable.  Use of bots or other automated processes to submit applications or create Rewards Memberships is prohibited and may result in disqualification.    

5.     Rewards.  For the first 1,500 Points earned in the Program, Participants will be eligible to receive a $50 gift card?.  For the second 1,000 points earned, Participants will earn a second $50 gift card. Each Participant shall be entitled to earn a maximum of 2,500 Points and a maximum of two (2) $50 gift cards.  Points may be redeemed by following the instructions on the e-mail Participant receives from the Sponsor announcing prize eligibility (the “Reward Announcement”).  Rewards will be issued by mail within three weeks of Participant’s response to the Reward Announcement. Failure to respond to a Reward Announcement or failure to follow the instructions therein within 60 days will result in the forfeit of the Reward and the Points associated with the Reward. Rewards will be mailed by postal mail to the address provided in Member’s Street Crew Application, as updated in accordance with the Street Crew Rules. Sponsor’s obligation to provide any reward is complete when Sponsor has so placed reward in U.S. mail affixed with proper postage. Sponsor is not responsible for failed or mis-delivery of Rewards due to incomplete, inaccurate or expired names or addresses. No reward is exchangeable, transferable, or redeemable for cash.  Participation in the Program shall not create an employer/employee relationship.  Participants will be solely responsible for complying with any and all applicable federal, state, provincial, local, or other statutes, regulations, and laws and for bearing any personal income or other taxes, fees, insurance, surcharges or other costs relating to any reward.

6.     Representations.  By accepting a Rewards Membership, each Participant represents and warrants that: (a) the Participant meets all eligibility requirements of the Program and of Street Crew; (b) the Participant is the owner of the email address listed in the application; (c) in creating a Rewards Membership and participating in the Program, the Participant has complied and will comply in all respects with these Rules, Sponsor’s Policies, and all applicable statutes, regulations, and other laws; and (d) Participant understands and acknowledges that no employer/employee relationship is created by Participant’s participation in the Program.

7.     Release.  To the maximum extent permitted by law, by participating in the Program, each Participant (or applicant if such applicant does not become a Participant) releases and holds harmless Sponsor and any other entities associated with administering the Program and issuing rewards (including without limitation issuers of gift cards or merchants of items purchased with gift cards), and any of their related companies and affiliates, and their respective officers, directors, employees, and representatives, from any and all responsibility or liability (including, without limitation, for any injuries, losses, or damages of any kind, such as compensatory, direct, incidental, consequential, punitive, or other damages) arising out of or relating to: (a) the Program; (b) the acceptance, possession, receipt, or use of any reward, including without limitation a gift card or any item purchased with a gift card; (c) any applications that have been tampered with or that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible; (d) computer, telephone, cable, satellite, network, hardware, or software malfunctions or failures; garbled or jumbled transmissions; or Internet or website accessibility or delays; (e) printing or typographical errors in any Program-related materials; or (f) any other technical or human errors occurring in connection with the Program. 

8.     Termination; Expiration.  Sponsor reserves the right to terminate any Rewards Membership at any time, in its sole and absolute discretion, including without limitation in the event that a Participant violates any of Sponsor’s Policies or these Rules.  In the event that Sponsor terminates a Rewards Membership, all Points shall be forfeited by Participant.  Sponsor reserves the right to modify these Rules or to suspend, modify, or terminate the Program at any time for any reason, including without limitation in the event of fraud, abuse, or technical or other difficulties.

9.     Advertising.  To the maximum extent permitted by law, by accepting a reward, each Participant consents to the print and online publication of the Member’s name or nick name, age, City and State, and likeness and to the use of the Member’s name or nick name. voice, photograph, biographical material, Mixxee(s) and likeness by Sponsor or any third party chosen by Sponsor, for advertising, marketing, and other purposes without additional compensation.  Other than as set forth herein, Sponsor will treat any personal information supplied in connection with the Program in accordance with Sponsor’s Policies. 

10. Rewards Membership Communications.  Participants will receive a weekly email describing their accumulation of Points.  For information about existing Rewards Memberships, contact Member Services with your Member Code.  You can contact Member Services by mail at: Mixxee Street Crew Rewards Program, 1506 Hopkins Avenue, Redwood City, CA 94062.  By email, contact Member Services at streetcrew@highwiredinc.com .  By phone, call 800-992-4225, option 3.   Requests for removal from Sponsor’s mailing list may be made by sending a written request and a self-addressed, stamped envelope to “Mailing List” at the above address, by emailing Member’s written request at maillist@highwiredinc.com, or by calling 800-992-4225, option 3.

 

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