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Monster Energy® x Apex Legends™ Kum & Go DLC Promotion

   

submit entries from November 01 2021 to December 31 2021

promotion rules

Terms and Conditions

PROMOTION OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA THROUGHOUT THE PROMOTION PERIOD WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF REDEMPTION. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW

ACQUISITION OF Apex Legends™ GAME (PUBLISHED BY ELECTRONIC ARTS INC.), PERSISTENT INTERNET ACCESS, EA ACCOUNT, ACCEPTANCE OF EA’S USER AGREEMENT AND PRIVACY & COOKIE POLICY, AND APPLICABLE PLATFORM ACCOUNT AND PLATFORM SUBSCRIPTION (SOLD SEPARATELY) REQUIRED TO REDEEM AND USE THE DLC AVAILABLE THROUGH THIS PROMOTION. CONDITIONS & RESTRICTIONS APPLY TO YOUR USE OF APEX LEGENDS; SEE EA.COM/LEGAL.

Energy Company (“”) is offering the “Monster Energy® x Apex Legends™ Kum & Go DLC Promotion” (the “Promotion”). The Promotion is subject to these terms and conditions (the “Terms and Conditions”), and by participating, a participant (“Participant”) agrees to be bound by these Terms and Conditions and the decisions of Monster, which are final and binding in all respects. This Promotion begins at 12:01 AM, November 1, 2021, US Pacific Time and ends December 31, 2021 at 11:59 PM, US Pacific Time (the “Promotion Period”). Monster’s computer is the official timekeeping device for participation in the Promotion.

1. Eligibility: The Promotion is open to persons who are legal residents of, and physically located within, the fifty (50) United States and the District of Columbia and are eighteen (18) years of age or older at the time of redemption. VOID WHERE PROHIBITED.

2. How to Obtain a Kum & Go DLC Code: To obtain a code redeemable for bonus DLC items in Apex Legends™ (the “Game”) multiplayer play, Participants must purchase any three (3) 16oz./15.5oz. Monster Energy® products (list of participating products attached as Exhibit “A”) in a single transaction in-store at Kum & Go using your Kum & Go App account during the Promotional Period (“Qualifying Purchase”). There are two (2) bonus DLC items available to be redeemed: for Qualifying Purchases made during the period of November 1 2021 to November 30, 2021, Participants will receive a Kum & Go DLC Code (defined below) they can redeem for a holo spray DLC item; for Qualifying Purchases made from December 1, 2021 to December 31, 2021, Participants will receive a Kum & Go DLC Code they can redeem for a banner frame DLC item. Once a Qualifying Purchase is validated, Participants will receive a code to redeem their bonus DLC item (a “Kum & Go DLC Code”) via the email address linked to their Kum & Go App account. If a Participant does not have an Kum & Go App account, one can be setup for free on the Kum & Go website: https://www.kumandgo.com/rewards/

Participants will have until March 31, 2022 to redeem their Kum & Go DLC Code; after such date, the Website will be taken down. Participants are limited two (2) Kum & Go DLC Code redemptions (one (1) for the banner frame and one (1) for the holo spray). While supplies last.

any part of a Kum & Go DLC Code is counterfeited or improperly reproduced, or if a Kum & Go DLC Code comes from other games or promotions (whether operated by Monster or any third-party), or if any part is illegible, mutilated, or tampered with in any way, or if it contains or reflects printing, typographical, mechanical or other errors, the Kum & Go DLC Code will be rejected and will be deemed void and invalid.

4. How to Redeem a Kum & Go DLC Code: During the Promotion Period, Participants can visit www.ea.com and create an EA account (if they do not have one already) by following the instructions to register for this service free at https://help.ea.com/en/eadp_check/signup/. Registration with EA requires agreement to the applicable terms and conditions (including EA’s User Agreement and Privacy & Cookie Policy) for such use. To redeem a Kum & Go DLC Code, Participants are required to complete the following steps: (a) launch the Game, (b) sign into their EA account, (c) navigate to the in-Game lobby/main menu, (d) click the Store tab in the top navigation bar, (e) on the Store page, click “Redeem Code” on the bottom left of the screen, and (f) input the one-time use Kum & Go DLC Code that they received from the Website and click “Redeem.” Content is limited per platform, so Participants who play the Game on multiple platforms will need to log into the Game on the platform they wish to see the content enabled on. Participants must ensure they are logged into the correct account before redeeming a Kum & Go DLC Code. Kum & Go DLC Codes will be assigned to the first account that they are redeemed on. Kum & Go DLC Codes cannot be transferred to another account and replacements will not be issued.

NOTE: Acquisition of the Game is required to redeem and use the DLC obtainable through this Promotion; additional pay subscription services may be required to redeem and use the DLC in the Game’s multiplayer play. The DLC cannot be redeemed nor exchanged for any monetary value. The DLC content may be available for purchase and/or other giveaway(s) separately at any time.

5. Codes and Redemption Code Limits:

From time to time herein, Kum & Go DLC Codes may be individually referred to as a “Code” and collectively as “Codes”,

Each Code may only be used once; subsequent attempts to re-submit or re-use the same Code (whether by the same Participant or by different Participants) will be void. Codes must be received from the Website before January 7, 2022 and redeemed before March 31, 2022, and any valid unused Codes after this time shall become void. If any part of any Code is counterfeited, or improperly reproduced or if the Code comes from other games or promotions (whether operated by Monster or any third-party), or if any part is illegible, mutilated or tampered with in any way, or if it contains or reflects printing, typographical, mechanical or other errors, the Code will be rejected and will be deemed void and invalid. Each Participant acknowledges and agrees that the respective decisions of Monster and Electronic Arts Inc. (“EA”) with respect to Code entry are final and binding.

If a Participant experiences any difficulty with Code redemption, please contact Monster’s Consumer Relations at (855)-488-1212 or [email protected]

NO TRANSFER: Codes cannot be sold, traded, bartered, assigned or transferred to or shared with a third party, auctioned through an online auction site, or otherwise or obtained through any source other than from one of the methods mentioned in these Terms and Conditions. Codes are null and void and will be rejected if not obtained through authorized, legitimate channels.

6. Code Verification. All Codes are subject to verification at the respective sole discretion of Monster and EA before a Participant receives their DLC. Anti-fraud detection devices may be used for verification purposes. Codes will be void if they fail to pass anti-fraud detection measures, or, if determined by Monster or EA in their respective sole discretion, to be unauthorized, illegitimately obtained (i.e., through means other than those stated in these Terms and Conditions) or if they contain an unauthorized message, code or other marking not issued by Monster for use in this Promotion, or if defective or if they contain printing or other mechanical errors or are printed or produced in error or are illegible or unreadable or blank. No Code redemption will be valid if such redemption is associated with any Code deemed void for any reason, including without limitation, the following: (a) Code is not verified or recognized as being validly issued by Monster or EA in the Promotion; (b) Code is determined to be previously entered and used, except as provided herein; (c) Code is incorrectly or incompletely entered or submitted; or (d) Code is void. Each Participant acknowledges and agrees that the respective decisions of Monster and EA shall be final, binding and conclusive in all matters relating to the Promotion, including without limitation determinations regarding the validity of Codes. Monster and EA each shall have no obligation to the holder of any void Code. Monster or EA may, at their respective sole discretion and without obligation, elect to replace an illegible Code with one (1) randomly selected Code, if appropriate, upon request while supplies last. Monster and EA each reserves the right to inspect and examine any illegible Code prior to issuing a replacement. Replacements shall be issued at Monster or EA’s respective sole discretion and may be denied in the event of non-compliance with these Terms and Conditions. Except as expressly stated above, Monster and EA shall have no liability or obligation with respect to any void Code.

7. Limitations of Liability: No responsibility or liability is assumed by Monster, EA, Kum & Go, L.C., and their respective affiliated companies, parent companies, subsidiaries, participating promotional partners, retailers, distributors, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Promotion (the “Promotion Entities”) for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Website hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail messaging transmissions; inaccessibility of the Website or any other website in whole or in part for any reason; traffic congestion on the Internet or Website; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of a Xbox Live Gold, Xbox Live, PlayStation Network, Nintendo Switch Online, Origin, Steam used in connection with the Promotion. From time to time during the Promotion Period, Monster or EA’s respective webmaster may perform maintenance on the Website or other websites, which may result in a Participant’s inability to enter or redeem Codes. Monster and the Promotion Entities are not responsible for any typographical or printing errors in the Codes, or any inaccurate or incorrect data contained on the Website, including without limitation, any personal injury or property damage or losses of any kind which may be sustained to Participant's or any other person's computer equipment or mobile phone equipment resulting from online participation in the Promotion, or use of or download of any information from the Website. Use of the Website is at user's own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

8. General Terms. By participating in the Promotion, Participants: (a) agree to be bound by these Terms and Conditions and by the interpretation of these Terms and Conditions by Monster and by the decisions of Monster, which are final and binding in all respects; (b) acknowledge compliance with these Terms and Conditions; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to release and hold harmless the Promotion Entities.

The Promotion Entities are not responsible if the Promotion cannot take place, or if any Code cannot be redeemed due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, coronavirus (COVID-19) pandemic, other epidemics or medical emergencies, or other events outside of the reasonable control of the Promotion Entities. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Promotion Entities, which, in Monster’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, Monster reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Promotion or any part of the Promotion. If the Promotion or any part of the Promotion is terminated or modified prior to the closing date of the Promotion, notice will be posted on www.monsterenergy.com if time permits. Monster reserves the right to modify and amend these Terms and Conditions from time to time during the Promotion.

The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Monster’s failure to enforce any term of these Terms and Conditions will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Terms and Conditions. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on a website and/or the provisions of these Terms and Conditions, the Terms and Conditions shall prevail, govern and control and the discrepancy will be resolved in Monster’s sole and absolute discretion.

9. Privacy: All information submitted by Participants and collected by Monster in connection with Participant’s participation in the Promotion will be subject to and will be treated in a manner consistent with Monster’s web site Term of Use accessible at: http://monsterenergy.com/us/en/resources/terms/ and Monster’s privacy policy accessible at: www.monsterenergy.com/us/en/resources/privacy. Any collection or use of Participant’s personal identifiable information by Kum & Go through its Kum & Go App program will be subject to and treated in a manner with the program’s terms of use accessible at: https://rewards.kumandgo.com/terms-and-conditions/ and Kum and Go’s privacy policy available at: https://www.kumandgo.com/privacy-policy/. By participating in the Promotion and opting-in to receive communication from Monster (“Monster Opting-In Participants”), Monster Opting-In Participants hereby agree that Monster may collect, use and disclose (as set forth in Monster’s Privacy Policy) their personal information submitted with the Code redemption. Among other things, the information an opting in Participant provides may be used to send company updates and announcements about Monster Energy Company and its products.

10. Binding Arbitration: Except where prohibited by law, Participant agrees: (1) any dispute, controversy or claim arising out of or relating to the Promotion or any Code redeemed shall be resolved individually, without resort to any form of class action; (2) any dispute, controversy or claim arising out of or relating to the Promotion or any prize awarded shall be resolved by binding arbitration conducted by JAMS in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”); (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the JAMS Rules, in Orange County, California; (4) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (5) any award or judgment shall be subject to all limitations and releases set forth in these Terms and Conditions and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorneys’ fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

11. Governing Law: All federal, state and local laws and regulations apply. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participant and Monster in connection with the Promotion, shall be governed by, and construed in accordance with California law without giving effect to any choice of law or conflict of laws rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.

12. Sponsored by: This Promotion is sponsored by Monster Energy Company, 1 Monster Way, Corona, CA 92879. Electronic Arts Inc. is not a sponsor of this Promotion.

NOTE: Entrant understands that he or she is providing information to Monster Energy Company. If an Entrant opts-in, the information provided will only be used for sending Entrants company updates and announcements from Monster Energy Company about their companies and their products. EA is not a sponsor of this sweepstakes. Apex Legends ESRB Rating: T for TEEN with blood, violence/users interact, in-game purchases (includes random items). Visit www.esrb.org for rating information.

 

EXHIBIT “A”

Participating Products

Monster Assault

Monster Energy

Monster Energy Zero Sugar

Monster Ginger Mule

Monster Khaos

Monster LoCarb Energy

Monster Nitro Super Dry

Monster Reserve Watermelon 16oz.

Monster Reserve White Pineapple 16oz.

Monster Juice Khaotic

Monster Juice Papillon

Monster Mango Loco

Monster Pacific Punch

Monster Pipeline Punch

Monster Rehab

Monster Rehab Orangeade

Monster Rehab Peach

Monster Rehab Raspberry

Monster Rehab Strawberry Lemonade

Monster Energy Ultra Blue

Monster Energy Ultra Fiesta

Monster Energy Ultra Gold

Monster Energy Ultra Paradise

Monster Energy Ultra Red

Monster Energy Ultra Rosa

Monster Energy Ultra Sunrise

Monster Energy Ultra Violet

Monster Energy Ultra Watermelon

Monster Energy Zero Ultra