PLEASE READ CAREFULLY. By using this App, you agree to the following terms and conditions governing the Smithfield Racing Rewards Program (the "Terms").
PROGRAM WILL BE ENDING ON DECEMBER 31, 2018 at 11:59 p.m. ET. PARTICIPANTS WILL NO LONGER BE ABLE TO REDEEM THEIR POINTS ONLINE FOR REWARDS AFTER THIS DATE.
A. Overview of Smithfield Racing Rewards Program
Smithfield Racing Rewards (the "Program") is a points-based program sponsored by Smithfield Fresh Meats Sales Corp. ("Sponsor") through which individuals ("Participants" or, individually, the "Participant") can earn points ("Points") by participating in contests, and through other methods that may be added from time to time by Sponsor, in its sole discretion. Participants can download the Smithfield Racing App (the "App") on Apple or Google mobile devices from the Apple App Store or Google Play Store to register for the Program, and take the actions described below to earn Points. Once they have accumulated Points, Participants may redeem their Points for various items of value ("Rewards") found in the catalog ("Rewards Catalog"), which is posted and, from time to time, updated in the Program Website.
Sponsor: Smithfield Fresh Meats Sales Corp., 200 Commerce Street, Smithfield, VA 23430.
Administrator: Zeitcode, 2704 Allandale, Austin, TX, 78756.
B. Participation in the Program
1. Internet access and/or Cellular Data is required to participate in the Program. The Program is void where prohibited by law. Open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older. Corporations or other entities or organizations of any kind are not eligible for the Program. Employees of Zeitcode, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible.
2. Participation in the Program constitutes each Participant's full and unconditional agreement to these Terms, and representation that Participant meets the eligibility requirements set out in these Terms. Those who do not comply with these Terms are prohibited from participating in the Program.
C. Modification and Termination of the Program and Program Period
1. By participating in the Program, you hereby agree that Sponsor may modify any of the Terms governing the Program at any time (including, without limitation, these Terms), with or without notice, even though these changes may affect a Participant's ability to use accumulated Points.
2. The Program begins on February 18, 2018 8:00 a.m. Eastern Time ("ET") and ends on or about December 31, 2018 11:59 p.m. ET ("Program Period"). Sponsor, however, may terminate the Program at any time, even though termination may affect Participants' ability to use accumulated Points, but will notify participants prior to termination. Sponsor reserves the right to extend the Program Period in its sole discretion. For purposes of this Program a "day" shall be 12:00 a.m. ET through 11:59 p.m. ET and a "month" shall begin the first calendar day of the month and end on the last calendar day of the month.
D. Registration and Earning Points
1. Registration. To enroll, a Participant must download the App and sign-up following the onscreen instructions to create a Program account ("Account"). An individual must have a unique valid email address to create an Account. Limit one (1) Account per person and per email address. The person who is the authorized email account holder of the email address indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant and must comply with these Terms. Once Participants register for an Account, they will be enrolled in the Program. The number of Points collected by such Participant will be recorded and tracked in the Participant's Account.
2. Earning Points by Participating in Games. Participants may earn Points by following on-screen instructions. Sponsor may, in its sole discretion, offer additional opportunities to earn Points from time-to- time. These Terms shall apply all Point earning activities. Limits are placed on each action irrespective of the device from which the Participant completed the action (tablet, or mobile phone).
4. Participant Accounts. Sponsor will attempt to credit Participant Accounts with Points on a timely basis. However, each Participant will have the responsibility of ensuring that his/her Points are properly credited. Any claim for Points not credited accurately must be received by Sponsor within seven (7) days of the date of claimed accrual of such Points. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Points summaries or Accounts. Sponsor reserves the right to invalidate Points from an Account if it determines that such Points were improperly credited to such Account or obtained fraudulently. Sponsor reserves the right to require proof of accrual of Points and Sponsor reserves the right to delay the processing or redemption of any Points without notice to Participants, in order to assure compliance with these Terms. Participants are responsible for maintaining the confidentiality of their Accounts and passwords and for restricting access to their mobile devices and activity on their account, and Participants agree to accept responsibility for all activities that occur under their Accounts or passwords. Without limiting any other remedies, Sponsor may suspend or terminate a Participant's Account if Sponsor suspects that a Participant has engaged in fraudulent activity in connection with the Program. Participation in the Program is subject to these Terms, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by these Terms or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Program, as well as forfeiture of Points accrued to date and any other benefits earned in connection therewith, in Sponsor's sole discretion.
5. No Cash Value or Transferability. Points do not constitute property, do not entitle a Participant a vested right or interest and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale of Points is strictly prohibited. Any Points remaining in a Participant's Account at the end of the Program Period will be forfeited without compensation. There shall be no carry over or transfer of Points to other Sponsor programs, or extensions of the Program beyond the Program Period, unless otherwise determined by Sponsor in its sole and absolute discretion.
6. Account Inactivity and Point Expiration. Except for deactivation of inactive Accounts and expiration and forfeiture of Points, Points shall be maintained in the Participant's Account until they are redeemed for a Reward or until they expire. All unredeemed Points shall automatically expire at the end of the Program Period. No extensions, cash refunds or other exchanges will be allowed for expired Points. Any Points remaining in a Participant's Account following the expiration period will be forfeited without compensation. The Points have no cash value and are only redeemable for Rewards offered via the Program.
7. Point Awarding. Sponsor reserves the right to change the number of Points awarded per activity at any time, in its sole discretion.
E. Redeeming Rewards from the Rewards Catalog
1. A Participant may visit the App to redeem Points for Rewards from the Rewards Catalog.
2. A Participant may begin redeeming Points for Rewards from the Rewards Catalog beginning February 18, 2018. Points can be redeemed immediately upon receipt or saved for redemption at a later date.
3. To redeem a Reward from the Rewards Catalog, login to the App, click on the "Rewards" tab and follow the links and instructions to browse through the Rewards Catalog. Once Participant has located an item he or she would like to redeem, he or she can redeem the Points for the item by clicking on "Redeem". Participant will receive confirmation that the Reward has been claimed and the associated Points will be deducted from his/her Account.
4. Sponsor reserves the right to modify the list of Rewards available for redemption, as well as their corresponding Point values, at any time for any reason.
5. The total number of Points a Participant can use to redeem for a Reward is the number of Points he or she has available in his/her Account. Items are available while supplies last.
6. All Point redemptions for Rewards from the Rewards Catalog are final and the Points will be deducted immediately from Participant's Account.
7. Sponsor reserves the right to substitute an item advertised with an item of equal or greater value if due to unavailability or for any other reason.
8. Delivery time of any Reward will be approximately 4-6 weeks from time order is placed, unless the Reward is delivered via email, or a different delivery time is specified in the item description included in the Rewards Catalog. We do not ship to P.O Boxes.
9. Upon redemption of a Rewards Catalog item, you will be asked to confirm your shipping address through the App.
10. Participants are responsible for all costs and expenses associated with use of any Reward not stated in the Rewards Catalog as being provided. Rewards are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Participants may not substitute, assign or transfer a Reward or redeem a Reward for cash. All Reward details are at Sponsor's sole discretion.
F. Rewards, Fulfillment of Items Redeemed Through Rewards Catalog
1. Except as otherwise provided herein, no refunds will be provided on any redeemed item. If for any reason a redeemed item is received damaged, becomes unavailable or cannot be fulfilled, Sponsor, in its sole discretion, reserves the right to replace the redeemed item with a similar item of comparable or greater value.
2. Rewards will be delivered to the email address or residence address, as appropriate, as provided by Participant. It is the responsibility of the Participant to be sure all such information is current. Sponsor is not responsible for Rewards sent to non-current addresses or emails that are blocked by spam or other email filters, and any such Rewards will not be replaced.
G. General Terms and Conditions
1. Sponsor reserves the right to suspend or discontinue the eligibility of any person who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Terms or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
2. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any of these Terms shall not constitute a waiver of that, or any other, provision.
3. All questions or disputes regarding eligibility for the Program, the availability of items in the Rewards Catalog or a Participant's compliance with these Terms will be resolved by Sponsor in its sole discretion. By their participation, Participants agree that all decisions made by Sponsor or their designated agents regarding the Program, Rewards or Participants' participation in the Program are final.
4. Participants are responsible for the payment of all taxes which may result from participation in the Program.
5. Participants are responsible for maintaining updated contact information in App. Information contained in App will be used to contact Participants redeeming items in the Rewards Catalog. To update e-mail address contact firstname.lastname@example.org.
6. The Program is subject to all applicable laws and regulations.
H. Limitation of Liability
1. Sponsor, Administrator, the Program prize providers, and their respective parent companies, affiliates, subsidiaries, suppliers, distributors, franchisees, service providers and promotional and advertising agencies and all of their respective officers, directors, employees, shareholders, agents, successors and assigns (collectively, "Released Parties") are not responsible for late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail or email; or for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any Website or any combination thereof or for any other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program, including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the accrual of Points, the tabulation of Points, the redemption of Points, the announcement of the Rewards or in any Program-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Program. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the Website. In the event that online access is temporarily corrupted and suspended, notice of such will be provided at the Website and Participants will be advised to hold receipts until such time that the Program, as originally intended, may be resumed, as determined by Sponsor in its sole discretion.
2. By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Released Parties from and against any claims, liabilities, damages or expenses that may arise from actions taken by such Participant and/or Participant's participation in the Program, or for any harm or injury caused by any third party.
3. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR THE PARTICIPATION THEREIN, INCLUDING, WITHOUT LIMITATION, ANY ITEMS RECEIVED BY REDEEMING POINTS FROM REWARDS OR OTHERWISE IN CONNECTION WITH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF ADMINISTRATOR IMPROPERLY DENIES A PARTICIPANT ANY PURCHASED OR REDEEMEED ITEM, LIABILITY WILL BE LIMITED TO THE EQUIVALENT FAIR MARKET VALUE OF ITEM. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
4. Released Parties are not responsible for any products or services offered on the Website. TO THE FULLEST EXTENT ALLOWABLE BY LAW, ADMINISTRATOR AND SPONSOR SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PROGRAM AND ANY PRODUCTS, MERCHANDISE AND/OR SERVICES SOLD OR OTHERWISE OFFERED THROUGH THE PROGRAM. The foregoing disclaimer includes any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
5. As a condition of participating in the Program, Participant agrees that, except where prohibited, any and all disputes, claims and causes of action arising out of, or connected with, the Program or any item redeemed therein shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Virginia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms, Participant's rights and obligations, or the rights and obligations of Administrator or Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.
6. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.