TERMS AND CONDITIONS

Monster Energy^® Gear Promotion

Terms and Conditions

 

BY Participating in this Promotion DURING THE promotion PERIOD, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE participating. IMPORTANT NOTE: THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND THROUGH FINAL AND BINDING ARBITRATION. SEE BELOW.

 

 

 

 

Athlete Collaborated Items Drop Schedule:

 

 

 

 

 

 

 

 

No refunds, returns or exchanges will be accepted. We cannot ship to PO Boxes or APO/FPO/DPO addresses. Monster Gear item styles, colors and sizes are while supplies last, subject to availability and may be substituted without advance notice. Please allow approximately ten (10) to twelve (12) weeks for delivery after your valid online order is placed. All redemption orders must be placed online through the Website and by midnight Pacific Time ending on November 30, 2024. Monster’s computer is the official timekeeping device for submitting online orders. Each Monster Gear item must be accepted as awarded, and may not be assigned, substituted or redeemed for cash value.

 

 

You agree to indemnify, defend, and hold harmless the Monster Parties from any and all liability arising out of or relating in any way to your participation in the Promotion, and to release all rights to bring any claim, action or proceeding against the Monster Parties arising out of participation in the Promotion, use of the Website, or receipt or use of any Monster Gear item, including but not limited to:  (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Promotion or its processing; or (f) injury or damage to persons or property (including to any computer systems resulting from participation in or accessing or downloading information in connection with the Promotion), which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt or use of any Monster Gear item.  You assume all liability for an injury or damage caused, or claimed to be caused, by participation in this Promotion, the use of the Website, or the acceptance, receipt, or use of any Monster Gear item. You further agree that in any cause of action, the Monster Parties’ liability will be limited to the cost of entering and participating in Promotion, and in no event shall the Monster Parties be liable for your attorney’s fees. 

 

The Monster Parties assume no responsibility for and will disqualify submissions that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Promotion, or by any human, mechanical or electronic error that may occur in the processing of the submissions in the Promotion, or other errors appearing within the Terms and Conditions or in any Promotion related advertisements. The Monster Parties assume no responsibility for any typographical or other error in the printing of the offer, administration of Promotion, errors in processing submissions, the delivery of the Monster Gear items, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any website, or any combination thereof, including, without limitation, any injury or damage to you or any other person’s computer system or software related to or resulting from participation in, uploading any materials or downloading any materials in the Promotion. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. Monster reserves the right in its sole discretion to disqualify any person it suspects or finds: (i) to have tampered with the operation of the Promotion; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring the Monster Parties into disgrace (e.g., including but not limited to, a person committing acts of moral turpitude, and/or allegations or convictions of any crime); (iv) to have provided inaccurate information on any legal documents submitted in connection with the Promotion; or (v) to be acting in violation of these Terms and Conditions. 

 

 

The Monster Parties are not responsible if the Promotion cannot take place, or if any Monster Gear item(s) 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 Monster Parties. 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 Monster Parties, 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 https://monstergear.monsterenergy.com/en-us/ 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 the 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. You 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 terms and conditions of the 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.

 

 

 

 

 

EXHIBIT “A”

Participating Kroger Retailers

 

Kroger

Pay-Less Super Markets

Jay C Food Stores

Ruler Foods

Mariano’s

Metro Market

Pick ‘n Save

Dillons Food Stores

Gerbes Super Markets

Baker’s Supermarkets

King Soopers

City Market

Fry’s Food and Drug

Fred Meyer

Ralphs

Food 4 Less

Foods Co.

Smith’s Food and Drug

QFC (Quality Food Centers)