MIXXEE STREET CREW MEMBERSHIP

 

1.     General Conditions.  Mixxee Street Crew (“Street Crew”) is a membership program sponsored by HighWired Technologies, Inc., a Delaware corporation (“Sponsor”).  The terms of Street Crew are 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 membership in Street Crew, and by participating in Street Crew, you waive any objection to jurisdiction and venue in those courts and submit to the jurisdiction of those courts.  If you participate in Street Crew, you agree to abide by the terms of these Official Rules (the “Rules”).  Street Crew is also governed by Sponsor's Terms and Conditions at http://www.mixxee.com/tnc.html and Privacy Policy at http://www.mixxee.com/pp.html (collectively, the “Policies”), although the Rules will govern any conflict between any of the Policies and the Rules.  In the event that members of Street Crew (“Members”) participate in any promotion, contest, or program sponsored by Sponsor, such Members will be subject to the specific terms and conditions and rules governing such promotion, contest or program (“Program Rules”) in addition to these Rules.  In the event of a conflict between these Rules and the Program Rules, the Program Rules will govern.

2.     Eligibility.  An application for Membership in Street Crew (“Membership”) is open to U.S. residents (excluding U.S. territories) of at least fourteen (14) years of age. By applying for a Membership, you represent that you are at least fourteen (14) years of age or older.  If you are selected for Membership, your Membership is non-transferable and is subject to present and future Street Crew 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 Membership in Street Crew.  Sponsor will only accept Memberships that have been completed, submitted, and accepted as described below. 

3.    Membership.  Not all applicants will be selected for Membership.  Sponsor shall the have the right, in its sole and absolute discretion, to reject an applicant for Membership in Street Crew if such applicant’s Mixxee is misdirected, incomplete, non-conforming, corrupt, lost or ineligible, whether due to Internet or e-mail server failure or otherwise, contains any obscenity, defamatory statements, or other offensive or objectionable content, or if such applicant in any way violates Sponsor’s Policies or conducts himself/herself in a manner objectionable to Sponsor.  Only one (1) application for Membership per person is permitted.  In order to apply for Membership:

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

·         Complete and submit the online Membership application form accessible from the Street Crew Site (You must provide all the information requested in the application.);

·         Create at least one (1) Mixxee and either post it as a MixxeeWidget to a web page or send it via MixxeeMail.

·         Receive your Membership confirmation and Street Crew identification number (“Friend Code”), if your application is selected by Sponsor for Membership;

·         Participate in Street Crew by receiving Street Crew newsletters, earning points and receiving rewards in certain promotions, contests or programs, as described in particular Program Rules. Have a say in the future of Mixxee by emailing your input.

      Members may only participate in Street Crew using one (1) email address.  Once an email address has been used to participate by a Member, that email address cannot be used by any other person for Membership in Street Crew.  Members are responsible for notifying Sponsor of any change in Member’s email address by sending an email to streetcrew@highwiredinc.com.  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.  Use of bots or other automated processes to submit applications or create Memberships is prohibited and may result in termination of Membership in Street Crew.  Use or creation of Mixxees in violation of Sponsor’s Policies or in violation of any federal, state, provincial, local or other statute, regulation, or law is prohibited and may result in termination of Membership in Street Crew.

5.     Rewards.  Members will be solely responsible for complying with any and all applicable federal, state, provincial, local, or other statutes, regulations, and other laws and for bearing any personal income or other taxes, fees, insurance, surcharges or other costs relating to any reward or promotional item provided by Sponsor.

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

7.     Release.  To the maximum extent permitted by law, by applying for Membership in Street Crew, each Member (or applicant if such applicant does not become a Member) releases and holds harmless Sponsor and any other entities associated with administering Street Crew, and any of their related companies or 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) Street Crew; (b) the acceptance, possession, receipt, or use of any reward or promotional material including without limitation any reward issued in connection with a contest, promotion or program; (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 Street Crew-related materials; or (f) any other technical or human errors occurring in connection with Street Crew. 

8.     Termination; Expiration.  Sponsor reserves the right to terminate any Membership at any time, in its sole and absolute discretion.  A Member may terminate his/her Membership at any time by sending an email to streetcrew@highwiredinc.com.  Sponsor reserves the right to modify these Rules or to suspend, modify, or terminate Street Crew at any time for any reason, including without limitation in the event of fraud, abuse, or technical or other difficulties.  Termination is immediately effective when Sponsor sends an email to the most recent duly supplied email address of the Member, without regard to whether such email is received or read.

9.     Advertising.  To the maximum extent permitted by law, by becoming a Member, each Member consents to the print and online publication of the Member’s name or alias, age, City and State, and likeness and to the use of the Member’s 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 Street Crew in accordance with Sponsor’s Policies. 

10. Membership Communications.  Members will receive reports of their Membership activity weekly by email. For information about existing Memberships, contact Member Services with your Member Code.  You can contact Member Services by mail at: Mixxee Street Crew Membership, 1506 Hopkins Avenue, Redwood City, CA 94062.  By email, contact Member Services at streetcrew@highwiredinc.com.  By phone, call 800-992-4225 and select 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 Sponsor at 800-992-4225, option 3. 

 

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          MIXXEE is a trademark of HighWired Technologies, Inc.