TEXT. WIN. REFRESH. Rules - Rules and FAQs - Stripes Convenience Stores

2016 STRIPES® STORES “TEXT. WIN. REFRESH.” SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

THIS SWEEPSTAKES IS INTENDED FOR PLAY IN NEW MEXICO, OKLAHOMA, AND TEXAS ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN NEW MEXICO, OKLAHOMA, AND TEXAS AT THE TIME OF ENTRY.

1. ELIGIBILITY: THE 2016 STRIPES® STORES “TEXT. WIN. REFRESH.” SWEEPSTAKES (“SWEEPSTAKES”) IS OPEN ONLY TO LEGAL RESIDENTS OF NEW MEXICO, OKLAHOMA, AND TEXAS WHO ARE 18 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. Employees, officers and directors of Stripes® Convenience Stores (“Sponsor”), its parent, subsidiary, and affiliated companies, advertising, promotion or production agencies, Web masters/suppliers are not eligible to participate. By participating, entrants (and entrant’s parent/legal guardian if entrant is a minor) agree to these Official Rules and the decisions of the Sponsor and/or its independent judging agency which are final and binding in all respects. Void where prohibited.

2. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00:00 a.m. (midnight) Central Daylight Time (“CDT”) on July 6, 2016 and ends at 11:59:59 p.m. CDT on September 6, 2016 (“Sweepstakes Period”). The Sweepstakes consists of an instant-win component and weekly random drawings. For the weekly random drawings, the Sweepstakes Period consists of nine (9) weekly entry periods (each a “Week”) as outlined in the table below. The computer of Sponsor's Web master is the official time-keeping device of the Sweepstakes.

Week	Start Date/Time	End Date/Time	Drawing Date
1	07/06/16, 12:00:00 a.m. CDT	07/12/16, 11:59:59 p.m. CDT	07/14/16
2	07/13/16, 12:00:00 a.m. CDT	07/19/16, 11:59:59 p.m. CDT	07/21/16
3	07/20/16, 12:00:00 a.m. CDT	07/26/16, 11:59:59 p.m. CDT	07/28/16
4	07/27/16, 12:00:00 a.m. CDT	08/02/16, 11:59:59 p.m. CDT	08/04/16
5	08/03/16, 12:00:00 a.m. CDT	08/09/16, 11:59:59 p.m. CDT	08/11/16
6	08/10/16, 12:00:00 a.m. CDT	08/16/16, 11:59:59 p.m. CDT	08/18/16
7	08/17/16, 12:00:00 a.m. CDT	08/23/16, 11:59:59 p.m. CDT	08/25/16
8	08/24/16, 12:00:00 a.m. CDT	08/30/16, 11:59:59 p.m. CDT	09/01/16
9	08/31/16, 12:00:00 a.m. CDT	09/06/16, 11:59:59 p.m. CDT	09/08/16

3. HOW TO ENTER: During the Sweepstakes Period, you may participate by one (1) of the following manners. (a) Text Message: Text REFRESH to 88388 to play for a chance to win an Instant-Win Prize (as defined below) (each, a “Play”). In addition, Sponsor reserves the right, at its sole discretion, to distribute other valid keywords (in addition to REFRESH) at various times throughout the Promotion Period through additional means. For each text message Play, you will receive up to five (5) reply text messages about the Sweepstakes from the Sponsor. If you are a potential winner of an Instant-Win Prize, you will receive a prize-winning message (subject to verification). If you are not a winner of an Instant-Win Prize, you will receive a non-winning message. Participants must have a mobile phone with text messaging capabilities to play by text message and may incur a standard text message charge from their wireless service provider for each text message sent and received. Check with your wireless service provider for details on these and any other applicable charges. Message and data rates may apply. Participants are solely responsible for any such wireless charges. Not all wireless carriers will participate. The mobile phone that is used must be capable of sending and receiving text messages. (b) Online: During the Sweepstakes Period, go to www.stripesstores.com/refresh (“Website”) and follow the online instructions to play for a chance to win an Instant-Win Prize (each, also a “Play”). If your computer screen displays a prize-winning message, you are a potential winner of an Instant-Win Prize (subject to verification). If your computer screen does not display a prize-winning message, you are not a winner of an Instant-Win Prize.

For each day of the Sweepstakes Period, randomly-selected times will be chosen by an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The first participant who completes a Play at the randomly selected time in accordance with these Official Rules (whose Play is properly received and recorded by administrator's computer(s) on or immediately after a randomly selected time during the Sweepstakes Period) will win an Instant-Win Prize (subject to verification). Instant-Win Prizes will be awarded at a rate of one hundred (100) per day (for each day of the Sweepstakes Period). For each Play you will receive one (1) entry into the corresponding Weekly Drawing. Limit one (1) Play per day per person/phone number/email address, regardless of entry method. A “day” is defined as the 24 hours between 12:00:00 a.m. CDT (midnight) and 11:59:59 p.m. CDT. All Plays must be properly received and recorded by Sponsor's computer within the Sweepstakes Period in order to be eligible to win a prize. Proof of submitting a Play does not constitute proof of delivery or play.

In addition, when you play via Text Message, you may be asked to consent to receive promotional text messages from Sponsor, including upcoming promotions and information about Sponsor. Consenting to receive such text messages is optional and does not have to be agreed to in order to be eligible to play and does not improve your chances of winning.

Plays will be deemed to have been submitted by the registered owner of the phone number or email address used to submit a Play (depending on method of participation). Sponsor and its agencies will not accept Plays that are late, incomplete, misdirected, unintelligible or lost. Use of any robotic, automatic, programmed or similar methods of Play will void all Plays (and subsequent entries into Weekly Random Drawings) and result in disqualification.

Any other attempted form of entry is void. Any attempt by any participant to obtain more than one (1) entry per day by using multiple/different phone numbers, email addresses, identities or any other methods will void that participant’s entries and that participant will be disqualified. Entrants must have a valid email address. Automated entries are prohibited, and any use of automated devices will cause disqualification. Limit one (1) Instant-Win Prize per person/phone number/email address.

4. WEEKLY RANDOM DRAWINGS: Weekly Prize winners will be selected for each Week in a random drawing on or about each Drawing Date listed in Rule #2 from among all eligible entries received during the corresponding Week (each a “Weekly Random Drawing”). Entries will carry forward to subsequent Weekly Random Drawings. All drawings will be conducted by an independent judging organization, whose decisions shall be final in all matters relating to this Sweepstakes. Limit of one (1) Weekly Prize per person/phone number/email address.

5. PRIZES/APPROXIMATE RETAIL VALUES (“ARV”)/ODDS:

INSTANT-WIN PRIZES (6,300 total; awarded 100 per Day): Coupon redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store. ARV: $1.00 each.

WEEKLY PRIZES – (18 total; awarded via Weekly Drawings, 2 per Week):

Week 1 Prizes:

One (1) PlayStation 4 (500 GB), Call of Duty Black Ops III Bundle and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $375.00.

One (1) iPad Mini 16GB Wi-Fi Only and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $275.00.

Week 2 Prizes:

One (1) Microsoft Surface 3 Tablet (10.8-Inch, 64 GB) and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $400.00.

One (1) Beats Solo2 Wired On-Ear Headphones and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $150.00.

Week 3 Prizes:

One (1) Xbox One Gears of War Ultimate Edition Bundle and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $300.00.

One (1) Samsung Gear S2 Smartwatch and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $260.00.

Week 4 Prizes:

One (1) Apple Watch (42mm case with sports band) and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $355.00.

One (1) Beats Pill Speaker and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $200.00.

Week 5 Prizes:

One (1) iPad Mini 16GB Wi-Fi Only and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $275.00.

One (1) One (1) Samsung Gear S2 Smartwatch and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $260.00.

Week 6 Prizes:

One (1) Apple Watch (38mm case with sports band) and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $310.00.

Week 7 Prizes:

One (1) Samsung Galaxy Tab A 9.7-inch Tablet, 16 GB and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $510.00.

One (1) Beats Solo2 Wired On-Ear Headphones and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $150.00.

Week 8 Prizes:

One (1) iPad Mini 16GB Wi-Fi Only and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $275.00.

Week 9 Prizes:

One (1) Beats Solo2 Wired On-Ear Headphones and four (4) free beverage coupons (each redeemable for one (1) free 32-ounce fountain drink redeemable at a participating Stripes® Store). ARV: $150.00.

Coupons are subject to the terms and conditions listed thereon. If winner cannot accept prize as stated, prize may be forfeited in its entirety. No substitution, cash redemption or transfer of prize permitted. However, Sponsor reserves right to substitute prize with prize of equal or greater value if advertised prize becomes unavailable. Odds of winning a Weekly Prize depend on the total number of eligible Plays received corresponding to a given Week. Odds of winning an Instant-Win Prize depend on the number of eligible Plays received and the order in which such Plays are received per day. Total ARV of all prizes: $11,730.00. Any difference between stated value and actual value will not be awarded.

6. GENERAL CONDITIONS: Participants agree (a) that Sponsor, its parent, subsidiary and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related activities, including any travel related thereto and (b) except where legally prohibited, winners grant (and agree to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval, unless prohibited by law. Weekly Prize winners will be notified by text message and/or email. The notification message will contain a link to an online prize claim form. The prize claim form must be completed by the winner within seven (7) days of prize notification or prize will be forfeited an awarded to an alternate winner. Any alternate Weekly Prize winners selected will also be required to respond to the notification within seven (7) days of being notified. Weekly Prizes will be mailed within 6-8 weeks of verification. Instant-Win Prize winners will be notified at the time of playing. The notification message will contain a link for the Instant-Win Prize winner to access his/her coupon. Sponsor is not responsible for suspended or discontinued Internet, landline or wireless service which may result in potential winner not receiving initial prize notification. All federal, state and local taxes, if any, on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided are solely winner's responsibility. Unclaimed prizes will not be awarded. If any winner is 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein. Any personal information provided is subject to the Privacy Policy stated on http://stripesstores.com/privacy-policy.cms. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.

7. LIABILITY LIMITATIONS: Released Parties are not responsible for lost, late, misdirected, incomplete, or non-delivered entries or e-mail; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse any aspect of this Sweepstakes or otherwise attempt to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives, as solely determined by the Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Released Parties are not responsible for injury or damage to participant's or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Website. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and randomly select the winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of this Website. Text message entries will be deemed to have been submitted by the registered owner of the wireless number used to enter. In case of dispute regarding an online entrant, the authorized account subscriber of the e-mail account used to enter the Sweepstakes at the actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization which is responsible for assigning e-mail addresses. No more than stated number of prizes will be awarded. In the event that production, programming, seeding, printing or any other reasons cause more than stated number of prizes, set forth in these Official Rules, to be available and/or claimed, Sponsor reserves right to award only the stated number of prizes. Screen shots are not proof of winning status.

IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTED MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN SPONSOR’S SWEEPSTAKES, EACH PARTICIPANT AND PRIZE WINNER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT AND PRIZE WINNER'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.

9. GOVERNING LAW AND JURISDICTION: By participating, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, 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, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in courts located in the Nueces County, Texas. By participating, participants consent to the jurisdiction and venue of the federal, state and local courts located in Nueces County, Texas.

10. WINNERS' LIST: For the names of the winners, mail a self-addressed, stamped envelope to: 2016 Stripes Stores “Text. Win. Refresh.” Sweepstakes Winners’ List Request, PO Box 9036, Corpus Christi, TX 78469 for receipt by October 7, 2016.

11. SPONSOR: Stripes Convenience Stores, 4525 Ayers St., Corpus Christi, TX 78415.