Cricket Rewards Program Terms and Conditions
Revised, Effective May 3, 2016
IMPORTANT: Please read the following Cricket Rewards Program ("Cricket Rewards" or "Program") Terms & Conditions ("Terms and Conditions") that describe your participation in the Program. It is your responsibility to carefully read and to understand these Terms and Conditions.
These Terms and Conditions govern your participation in the Program and constitute an agreement ("Agreement") between you and Cricket Wireless LLC ("Cricket" or "Cricket Wireless"). By enrolling or participating in the Program you:
1. Acknowledge that you have read and understand this Agreement and agree to these Terms and Conditions;
3. Agree to Cricket?s Wireless Terms and Conditions of Service, www.cricketwireless.com/terms.
This Program is separate and distinct from any other rewards or loyalty program previously offered by Cricket. Your participation in any such prior rewards or loyalty program is subject to the applicable terms and conditions of that program and not these Terms and Conditions.
Unless otherwise defined herein, capitalized terms use in these Cricket Rewards Terms and Conditions have the meaning given to them in the Cricket Wireless Terms and Conditions of Service.
II. Program Overview
Cricket Rewards is a points-based loyalty program operated by SessionM, Inc. The Program uses SessionM's digital loyalty and marketing platform where Cricket subscribers enrolled in the Program can earn mPLUS Rewards points ("Points") by engaging in certain Cricket and non-Cricket transactions and activities, and claim and redeem these points.
III. Eligibility Requirements
1. You will not be automatically enrolled in the Program. You must enroll in the Program and participate in the Program to receive Program rewards. You may enroll on the Cricket Rewards website by logging in to My Account online or by using the My Cricket App on your smartphone, and/or by downloading and installing the Cricket Rewards App. Click here: https://www.cricketwireless.com/support/apps-and-services/my-cricket-app/customer/my-cricket-app.html to learn more and download the My Cricket App.
2. Only active Cricket Wireless customers enrolled in the Cricket Rewards Program are eligible for Cricket subscriber achievements related to Cricket account activity. Each Cricket line of service, including those on a multi-line (Group Save) account may individually enroll in the Program.
3. You must be over 13 years of age to enroll or participate in the Program.
IV. Program Rewards
1. Enrolled Cricket customers earn Points for engaging in certain activities concerning Cricket or other companies. Please see the applicable offer terms and conditions to determine whether a transaction or activity qualifies for Points and the number of Points available for the transaction or activity.
2. Once Points are earned, they must be claimed to be added to your Cricket Rewards account and used. Each activity that earns Points is an Achievement in your Cricket Rewards account. To claim Points you must tap or click the Achievement button in your Cricket Rewards account and then tap or click on each Achievement to add it to your Cricket Rewards account. Claimed Points may be redeemed in your Cricket Rewards account, online or on-device.
3. Points are earned without separate payment or other consideration and are issued to you as part of a rewards loyalty program.
4. Points are not your property.
5. Points have no fixed or cash value and cannot be redeemed for cash, a cash equivalent or any other monetary value. Gift cards offered as rewards in the mPLUS program are not considered cash equivalents. Points cannot be purchased, sold, bartered or given. Points may not be assigned, transferred or pledged to any third party.
6. Points can only be used to redeem rewards on the Cricket Rewards website, accessible online, on-device, or through other participating publishers in the mPLUS network. Points cannot be used to pay for Cricket service, features, devices or accessories.
7. Once claimed, Points will be added to your Cricket Rewards account and available for use. After 90 days of no activity with Cricket Rewards or any other SessionM-enabled app, your Points will expire. To remain active, you must claim an achievement through Cricket Rewards or any other SessionM-enabled app. You may view these apps by visiting http://m.sessionm.com/mpoints_apps.
8. Point balances are available on Cricket?s website in My Account, on device with the My Cricket app, or through the Cricket Rewards App.
9. You may not redeem Points through Cricket Rewards if your Cricket wireless service is cancelled.
10. Promoter Perks
a. Promoter Perks is a Cricket subscriber achievement activity that provides an opportunity for Program participants to earn Points by promoting Cricket wireless service.
b. Only active Cricket Wireless customers enrolled in the Cricket Rewards Program, and who are active in the Cricket Rewards Program, are eligible for Points related to Cricket subscriber achievements.
c. To earn Points a Program participant ("Referrer") sends a message to a contact ("Referee") through Facebook, Twitter, email, or using a dynamic code, inviting the contact to switch their wireless service to Cricket and earn Points for switching.
d. Points will be provided to both the Referrer and the Referee who has switched service to Cricket after the Referee enrolls in Cricket Rewards and, using the provided referral code and following all provided instructions, switches service by porting their wireless phone number from the Referee's current wireless carrier to Cricket and activating a new line of service on a qualifying Cricket wireless plan.
e. Points earned through participation in Promoter Perks are typically available to claim within 48 hours after validation of the eligible Referee wireless service activation and number transfer to Cricket is completed.
f. Points for up to ten (10) Promoter Perks Cricket subscriber achievements can be earned in a twelve (12) month calendar year.
g. No Points will be awarded for Promoter Perks to either the Referrer or the Referee if the Referrer has exceeds ten (10) Promoter Perks during a twelve (12) month calendar year.
h. Unclaimed Points earned through Promoter Perks expire twelve (12) months after the Points are first available to be claimed.
V. Express Consent to Program Communications by Text Messaging, Picture/Video Messaging, and Email
Cricket and/or SessionM will use text messaging (SMS), video picture/messaging (MMS), and email to communicate with you about the Program. By accepting these Program Terms and Conditions you expressly authorize Cricket and/or SessionM to communicate with you by sending Program-related SMS and MMS messages, including promotional SMS and MMS messages to your smartphone or other wireless device, and to send these SMS and MMS messages to you by whatever means Cricket and/or SessionM deem necessary, including the use of auto-dialers. You also consent and expressly agree to receive email messages from Cricket and/or SessionM.
Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to any Cricket Rewards, attempt to redeem any Program rewards, or any misrepresentation of any information furnished to Cricket Wireless or to SessionM by you, or anyone acting on your behalf, may result in the termination of your participation in the Program, the cancellation of any Program benefits and/or forfeiture of any Program rewards. In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf, Cricket Wireless reserves the right to cancel your wireless service including access to your Cricket Rewards account.
VII. Termination or Changes to the Program
1. Cricket Wireless reserves the right to change, discontinue, or terminate the Program - including but not limited to the terms, restrictions, and Cricket's offers (such as the number of Points awarded for any particular activity or transaction), Cricket's participation in the mPLUS Rewards Program, other mPLUS participant offers and restrictions, and the ability to earn, claim and to use Points - at any time without notice.
2. If Cricket chooses, a notification of a Program change, discontinuance, or termination may be sent to the email address you provided when you enrolled in the Program and/or by text message and/or picture/video message to your Cricket wireless number. We may also publicize the Program termination on the Program website. Cricket Wireless will not be responsible for failing to notify you of any Program change, discontinuance, or termination.
3. You agree that your continued participation in the Program after any change shall be deemed to be your acceptance of the Program change. It is your responsibility to check the Program Terms and Conditions on the Program website regularly to determine whether the Program or these Program Terms and Conditions have been changed. If you do not agree to any Program change, you must immediately stop participating in the Program and advise Cricket Wireless that you are no longer participating.
VIII. Limitation of Warranty
1. THE PROGRAM IS BEING PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRICKET WIRELESS EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
2. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF CRICKET WIRELESS PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION VIII, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
3. CRICKET WIRELESS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PROVIDER OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH CRICKET WIRELESS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEBSITE AND THE MY CRICKET AND CRICKET REWARDS APPLICATIONS, CRICKET WIRELESS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM WEBSITE AND MY CRICKET AND CRICKET REWARDS APPLICATIONS ARE FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, CRICKET WIRELESS DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WEBSITE AND MY CRICKET AND CRICKET REWARDS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND CRICKET WIRELESS ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE.
IX. Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL CRICKET WIRELESS, BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY CRICKET WIRELESS IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; (IV) THE USE OR INABILITY TO USE ANY APPLICATION RELATING TO THE PROGRAM, INCLUDING THE CRICKET REWARDS APPLICATION OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PROVIDERS OR SUPPLIERS, EVEN IF CRICKET WIRELESS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You shall indemnify, defend and hold harmless Cricket Wireless and its officers, directors, agents and employees (the ?Indemnified Parties?) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: Your access to or use of the Program, any Program application, or third party content and services; your breach of this Agreement; your violation of law; your negligence or willful misconduct; or your violation of the rights of a third party. You will promptly notify Cricket in writing of any third-party claim arising out of or in connection with your access to or use of the Program or any Program application.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-CRICKET (274-2538). In the unlikely event that Cricket's customer service department is unable to resolve a complaint you may have to your satisfaction (or if Cricket Wireless has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, Cricket Wireless will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from Cricket Wireless to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), Cricket Wireless will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what Cricket Wireless has offered you to settle the dispute.
1. Cricket Wireless and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
References to " Cricket Wireless," "you," and "us" include our respective subsidiaries, affiliates, agents, dealers, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of any Services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Cricket Wireless are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Cricket Wireless should be addressed to: Office for Dispute Resolution, Cricket Wireless, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Cricket Wireless and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Cricket Wireless may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Cricket Wireless or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Cricket Wireless is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.cricketwireless.com/arbitration-forms.
3. After Cricket Wireless receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, Cricket Wireless will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at www.cricketwirelesswireless.com/arbitration-information. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Cricket Wireless and you agree otherwise, any arbitration hearings will take place in the county (or parish) of the address associated with your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Cricket Wireless will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Cricket Wireless for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
4. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Cricket's last written settlement offer made before an arbitrator was selected, then Cricket Wireless will pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium"). If Cricket Wireless did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
5. The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws Cricket Wireless may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, Cricket Wireless agrees that it will not seek such an award.
6. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND CRICKET WIRELESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cricket Wireless agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
7. Notwithstanding any provision in this Agreement to the contrary, we agree that if Cricket Wireless makes any future change to this arbitration provision (other than a change to the Notice Address) during the term of your Service Plan, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
(1) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules. (2) Waiver. Any failure to enforce a term of this Agreement shall not be deemed a waiver of that term. (3) Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law. (4) Entire Agreement. The Agreement and documents incorporated by reference constitute the entire agreement between us with respect to the Program.