Easy Coins Rewards Terms of Use

EASY COINS REWARDS TERMS OF USE

“Easy Coins Rewards”, operated and managed by Southwest Convenience Stores, LLC and or its affiliated companies (“SCS”, “we”, “us”, or “our”), is a consumer loyalty program where members may earn rewards (i.e., “Easy Coins”), which may be used towards applicable rewards, at participating SCS locations. You agree that SCS may provide updates, notices, disclosures, and amendments to the Easy Coins Rewards Program Terms, and other information relating to Easy Coins Rewards by electronic means, including posting such information and materials online at easycoinsrewards.com.

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SCS THAT AFFECTS YOUR LEGAL RIGHTS.

These terms and conditions (“Terms”) apply to your access to, and your use of THIS WEBSITE, MOBILE APPLICATIONS, AND OTHER ONLINE APPLICATIONS, including but not limited to the following: https://easycoinsrewards.com; https://dk-easy.com; (collectively, the “Site”) , and your participation in our Easy Coins program (the “Program”, and together with the Site and Apps, collectively the “Services”), which are operated by SCS. These Terms are important, contain legal obligations and affect your legal rights, so please read them carefully. NOTE THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY ACCESSING OR USING THE SERVICES, OR BY CREATING AN ACCOUNT, YOU AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO ALL (OR ANY PORTION OF) THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, DO NOT USE THE SERVICES.

THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED HEREIN.

PART 1 – GENERAL TERMS APPLICABLE TO ALL USERS

II. ELIGIBILITY

Easy Coins Rewards is open to individuals of sound mind, who are not legally incapacitated, and are 18 years of age or older with a valid mobile phone number. Easy Coins Rewards are not targeted toward or intended to be used by anyone under the age of 18.

Commercial customers are eligible to participate in Easy Coins Rewards.

Landline phone numbers are not eligible to participate in Easy Coins Rewards. Only mobile phone numbers are eligible to participate in Easy Coins Rewards.

III. Enrolling in Easy Coins Rewards

You must enroll in Easy Coins Rewards to start earning rewards. To enroll, eligible customers need to create an account by visiting Easy Coins Rewards at easycoinsrewards.com, downloading the Easy Coins Rewards app, or entering a mobile phone number at a participating SCS fuel pump or point of sale system which include SCS gas stations and select SCS convenience store locations. You only need to input your mobile phone number to start earning Easy Coins Rewards. Providing us with your mobile phone number and other account profile information represent that you are the applicable and valid account holder for the information provided to SCS. You agree that you shall provide complete and accurate information to SCS relating to Easy Coins Rewards, and you will keep that information up to date.

You will be required to enter your mobile phone number and be asked to enter first name, last name, date of birth, and email address.

Your account number or loyalty ID will be the mobile phone number that you enter into the registration form, the fuel pump, or point of sale system. You can only have one account registered to your mobile phone number at a time.

SCS may change the eligibility requirements at any time, with or without notice, and reserves the right to refuse membership to any applicant for any reason in its sole discretion.

Note: If you enter your mobile phone number into the fuel pump or point of sale system to enroll in Easy Coins Rewards, you will receive a text message to your mobile phone number asking you to create an account profile (a text message will be sent each time you enter your mobile phone number until you complete the enrollment process). You will still earn Easy Coins Rewards when you enter the registered mobile phone number at the fuel pump or the point-of-sale system even if you have not completed the enrollment process. Every time that you enter your mobile phone number to earn Easy Coins Rewards, you consent to the Easy Coins Rewards Program Terms, and you consent to receive a text message asking you to complete the enrollment process until you have completed your enrollment in the program. Message and data rates may apply.

IV. EASY COINS REWARDS OVERVIEW

Easy Coins Rewards is a customer loyalty program where members earn and redeem rewards at participating in SCS eligible locations. Members that participate in Easy Coins Rewards can earn rewards on fuel or qualifying products or services in-store or with a third-party partner. Members earn 1 coin of Easy Coins Rewards for every 10 gallons of fuel purchased. Members can redeem Easy Coins Rewards at the fuel pump using vouchers, which provide per-gallon discounts, up to a maximum of 20 gallons per transaction. Each coin provides a discount of $0.001 (0.1¢) per gallon. Discounts are applied in increments of 5 coins, equivalent to $0.005 (0.5¢) per gallon. Redemptions must follow the incremental values specified within the Easy Coin Rewards Site which may vary based on the available options on any given day. Discounts or preferential rates for fuels, derived from the Easy Coins rewards program, are limited to a maximum of 20 gallons per transaction. Any fuel exceeding this limit will be charged at the regular price applicable at SCS locations, as if the user were not participating in the Easy Coins rewards program (e.g., if an Easy Coin rewards program user pumps 30 gallons, only the first 20 will qualify for discounts, while the remaining 10 will be charged at the standard rate.). Members may also earn coins by making specific Easy Coins Rewards purchases in store and redeem them for eligible merchandise at a rate of 1 coin = $0.01 (1¢) per coin, to identify the in-store eligible products and limits or restrictions for Easy Coin redemption the user shall consult the Easy Coins rewards Site. From time-to-time, SCS or its partners may offer qualifying events and other ways to earn additional Easy Coins Rewards (e.g., sweepstakes, contests, giveaways, etc.). Additional opportunities to earn Easy Coins Rewards may be limited based on geographic region which may vary from location-to-location.

Notwithstanding the above, SCS reserves the right to implement temporary promotions with preferential Easy Coins generation and redemption rates or Easy Coins redemption discounts. These promotions may apply to all or select SCS locations and exclusive eligible products, promotions may apply for gasoline, diesel, fuel related products or merchandise, and in-store merchandise and products. Consumers should refer to the Easy Coins rewards Site to view the available promotions.

If a promotion affects the generation or redemption of Easy Coins for a specific product, for which Easy Coins Rewards would apply regardless of the promotion, the promotional rate will override the standard, unpromoted rate. Under no circumstances will both rates apply simultaneously. The application of a promotion does not guarantee that:

(i) A similar or different product will benefit from the same preferential promotion rate, and

(ii) The same product will receive the promotional rate at a different SCS location, or at the same location but in a different time.

SCS may limit promotions by location, timeframes, dates, and product quantity, either per user or collectively for all Easy Coins users.

Additionally, SCS reserves the right to modify promotions by adjusting Easy Coins redemption or generation rates, applicable products, locations, timeframes, dates, or product quantities, whether on an individual or collective basis. These modifications will take effect upon publication in the Easy Coins Rewards Site.

Not all promotions may be combined in the same purchase. SCS reserves the right to apply promotions jointly or separately, as specified in the Site. Users are encouraged to check the Easy Coins rewards Site regularly for updates on active promotions.

Some Easy Coins Rewards opportunities will only be available through the Site and may include participating Easy Coins Rewards third-party partners

NOTE: Easy Coins Rewards IS NOT THE EQUIVALENT OF U.S. OR OTHER CURRENCY. Easy Coins Rewards can only be redeemed for fuel and in-store eligible product purchases at SCS locations. Easy Coins Rewards may not be converted to U.S. or any other currency.

A. EARNING EASY COINS REWARDS

1. QUALIFYING PURCHASES OR EVENTS

Members earn 1 coin of Easy Coins Rewards for every 10 gallons of fuel purchased and may also earn coins by making specific Easy Coins Rewards purchases in store. Members can redeem Easy Coins Rewards at the fuel pump using vouchers, which provide per-gallon discounts, up to a maximum of 20 gallons per transaction. Each coin provides a discount of $0.001 (0.1¢) per gallon. Discounts are applied in increments of 5 coins, equivalent to $0.005 (0.5¢) per gallon. Redemptions must follow the incremental values specified within the Easy Coin Rewards Site which may vary based on the available options on any given day. Rewards apply only to whole gallon amounts, rounding down to the nearest gallon (e.g., if a member pumps 20.99 gallons, rewards will be calculated based on 20 gallons). Discounts or preferential rates for fuels, derived from the Easy Coins rewards program, are limited to a maximum of 20 gallons per transaction. Any fuel exceeding this limit will be charged at the regular price applicable at SCS locations, as if the user were not participating in the Easy Coins rewards program (e.g., if an Easy Coin rewards program user pumps 30 gallons, only the first 20 will qualify for discounts, while the remaining 10 will be charged at the standard rate.). Even on purchases where you redeem an Easy Coin Rewards voucher, you are awarded for every whole gallon that you pump. Additionally, Easy Coins Rewards may be redeemed for eligible merchandise in-store at a rate of 1 Easy Coin = $0.01 (1¢) per coin, to identify the in-store eligible products and limits or restrictions for Easy Coin redemption the user shall consult the Easy Coins rewards Site.

If a promotion affects the generation or redemption of Easy Coins for a specific product, for which Easy Coins rewards would apply regardless of the promotion, the promotional rate will override the standard, unpromoted rate. Under no circumstances will both rates apply simultaneously. The application of a promotion does not guarantee that:

(i) A similar or different product will benefit from the same preferential promotion rate, and

(ii) The same product will receive the promotional rate at a different SCS location, or at the same location but in a different time.

SCS may limit promotions by location, timeframes, dates, and product quantity, either per user or collectively for all Easy Coins users.

Not all promotions may be combined in the same purchase. SCS reserves the right to apply promotions jointly or separately, as specified in the Site. Users are encouraged to check the Easy Coins Rewards Site regularly for updates on active promotions.

Some Easy Coins Rewards opportunities will only be available through the Site and may include participating Easy Coins Rewards third-party partners.

Qualifying products, services, or promotions/events are subject to change at any time, with or without notice.

2. HOW EASY COINS REWARDS ARE CREDITED OR DEBITED TO YOUR ACCOUNT

For a qualifying purchase or service to count towards your Easy Coins Rewards account, you must enter the mobile phone number associated with the account at the pump or inside at the point-of-sale system at a SCS location prior to completing the transaction. Special offers, promotions, or events through SCS or its partners may have specific instructions on how to receive Easy Coins Rewards. Please see the special offer, promotion, or event for details.

Easy Coins Rewards will appear in your account shortly after a qualifying purchase or earning promotion/event. It may take longer for the Easy Coins Rewards to appear in your account if an Easy Coins Reward earning opportunity is through a third-party partner’s program. Returned items or price adjustments will cause a corresponding debit or credit to the amount of the Easy Coins Rewards available in your account.

You will not earn Easy Coins Rewards for purchases prior to the first time that you enter your mobile phone number at the fuel pump or point of sale system or otherwise enroll in Easy Coins Rewards.

If you forget to enter in your mobile phone number prior to a fuel or other qualifying purchase, contact CustomerSupport@easycoinsrewards.com for assistance. Southwest Convenience Stores may not accept purchases over thirty days old.

B. REDEEMING EASY COINS REWARDS

Easy Coins Rewards can only be redeemed for fuel and for eligible in- store product purchases at SCS locations.

Prior to making a purchase, you will need to redeem an Easy Coins Rewards voucher by logging in at easycoinsrewards.com or downloading the voucher on the app. You must then select the voucher for the item you wish to purchase. Once selected, the voucher will automatically apply the corresponding Easy Coins amount to your purchase when you visit the SCS location. Easy Coins Rewards will be redeemed in whole dollar amounts. Members earn 1 coin of Easy Coins Rewards for every 10 gallons of fuel purchased. Members can redeem Easy Coins Rewards at the fuel pump or point of sale system in-stores using vouchers, which provide per-gallon discounts, up to a maximum of 20 gallons per transaction. Each coin provides a discount of $0.001 (0.1¢) per gallon. Discounts are applied in increments of 5 coins, equivalent to $0.005 (0.5¢) per gallon. Redemptions must follow the incremental values specified within the Easy Coin Rewards Site which may vary based on the available options on any given day. Easy Coins Rewards will be offered only on whole gallon amounts of fuel and will round down to the nearest gallon (e.g., if a member pumps 20.99 gallons, rewards will be calculated based on 20 gallons). Discounts or preferential rates for fuels, derived from the Easy Coins rewards program, are limited to a maximum of 20 gallons per transaction. Any fuel exceeding this limit will be charged at the regular price applicable at SCS locations, as if the user were not participating in the Easy Coins rewards program (e.g., if an Easy Coin rewards program user pumps 30 gallons, only the first 20 will qualify for discounts, while the remaining 10 will be charged at the standard rate.). Even on purchases where you redeem an Easy Coin Rewards voucher, you are awarded for every whole gallon that you pump. Additionally, Easy Coins Rewards can be redeemed for eligible merchandise in-store at a rate of 1 Easy Coin = $0.01 (1¢) per coin, to identify the in-store eligible products and limits or restrictions for Easy Coin redemption the user shall consult the Easy Coins rewards Site. The next time that you enter your mobile phone number at the fuel pump or point of sale system in-stores at a participating SCS location, your Easy Coins Rewards voucher will be applied toward your purchase.

(i) A similar or different product will benefit from the same preferential promotion rate, and

(ii) The same product will receive the promotional rate at a different SCS location, or at the same location but in a different time.

SCS may limit promotions by location, timeframes, dates, and product quantity, either per user or collectively for all Easy Coins users.

Not all promotions may be combined in the same purchase. SCS reserves the right to apply promotions jointly or separately, as specified in the app or on the website. Users are encouraged to check the Easy Coins rewards Site regularly for updates on active promotions.

Qualifying products, services, or promotions/events are subject to change at any time, with or without notice.

Note: You must use the full Easy Coins Rewards voucher amount and must do so within seven (7) days of activation, or the voucher will expire, and the voucher amount will return to your Easy Coins Rewards account. If you do not use the full voucher amount, you will forfeit the remaining amount. If you made a mistake entering an amount or have another circumstance that caused you to forfeit all or part of your Easy Coins Rewards voucher, please contact CustomerSupport@easycoinsrewards.com for assistance.

C. SWEEPSTAKES, GIVEAWAYS, AND OTHER OPPORTUNITIES TO WIN EASY COINS REWARDS

You agree that when you provide your mobile phone number for any purchase at a SCS location, or third-party partner organization, you may be entered into a sweepstakes, giveaway, or other opportunity to win Easy Coins Rewards. You agree to abide by the official rules of any sweepstakes, giveaway, or other opportunity to win Easy Coins Rewards. See those official rules for details and restrictions. Visit the Easy Coins Rewards Site for the latest information on ways to enter and win!

D. EASY COINS REWARDS EXPIRATION

Easy Coins Rewards may expire if you do not earn or redeem any Easy Coins Rewards within a one hundred eighty-two (182) day period. Your Easy Coins Rewards account will remain open unless you or SCS deactivate the account.

V. PROGRAM RESTRICTIONS, LIMITATIONS, AND CHANGES

A. PROGRAM RESTRICTIONS

SCS reserves the right to approve, deny, or revoke participation in Easy Coins Rewards for any reason whatsoever immediately and without prior notice.

B. EASY COINS REWARDS LOCATIONS

All SCS stores participate in Easy Coins Rewards. Reward earning and redemption opportunities may be different from location-to-location.

C. RIGHT TO CHANGE/MODIFY/CANCEL EASY COINS REWARDS

SCS may cancel, modify, waive, or terminate Easy Coins Rewards at any time and for any reason, with or without notice, even though these changes may affect your ability to use any Easy Coins Rewards that you have already earned. Your continued participation in Easy Coins Rewards constitutes your acceptance of any changes to the Easy Coins Rewards Program Terms. You are responsible for remaining knowledgeable of any changes that SCS makes to Easy Coins Rewards and the Easy Coins Rewards Program Terms. The most current version of the Easy Coins Rewards Program Terms will be available at easycoinsrewards.com and will supersede all prior versions of the Easy Coins Rewards Program Terms.

VI. EASY COINS REWARDS PROGRAM TERM AND TERMINATION

A. TERM

The Easy Coins Rewards ends: (i) upon your death or legal incapacitation; (ii) when you or SCS deactivates your account; or (iii) at any time that SCS decides to end or change the program.

B. TERMINATION

You may terminate your Easy Coins Rewards account at any time. You may deactivate your account through the Easy Coins Rewards app or online by contacting CustomerSupport@easycoinsrewards.com for assistance terminating your account. You will lose any outstanding Easy Coins Rewards or vouchers. If you are ready to re-join Easy Coins Rewards, then you will need to follow the process to enroll as a new Easy Coins Rewards member.

SCS may terminate your account in accordance with the below:

1. SCS may terminate your right to use Easy Coins Rewards immediately, without prior notice to you, in SCS’s sole discretion except when termination notification is explicitly required by law and allow no waiver of right to be noticed;

2. SCS may terminate your right to use Easy Coins Rewards if you fail to comply with any of the Easy Coins Rewards Program Terms of Use;

3. SCS may terminate any accounts suspected of fraudulent, criminal, or other unauthorized activity and also report your account to law enforcement or other organizations for further investigation and action; and

4. SCS may also close and deactivate your account due to inactivity, which is defined as no transactions within the 182-day period.

VII. EMAILING, TEXT, AND PUSH NOTIFICATIONS

A. EMAIL NOTIFICATIONS

By providing your email address at the time of enrollment in Easy Coins Rewards, you authorize SCS to deliver promotional and advertising messages to your enrolled email address. You may opt-out of receiving emails by clicking on the unsubscribe link provided at the bottom of each email. You are responsible for keeping your email address information up to date with SCS.

Notwithstanding the above, by providing your email and participating in the Easy Coins Reward program, you agree to receive notifications regarding changes to the program’s terms and conditions as a legally valid means of communication. Consequently, you will continue to receive such legal notices via email for as long as you remain a member of the program, even if you have opted out of receiving promotional or advertising messages.

B. TEXT NOTIFICATIONS

You understand that you must provide a mobile number to enroll in Easy Coins Rewards. By providing your mobile phone number at the fuel pump, the point-of-sale system, or the time of enrollment in Easy Coins Rewards, you are agreeing to receive recurring informational and occasional marketing SMS/MMS messages from SCS at the number you provided. Further, by providing your phone number and participating in Easy Coins Rewards, you are consenting to receive SMS/MMS messages notwithstanding any prior registration of your phone number on any internal, state, or federal “Do Not Call List.” Message and data rates may apply. Message frequency varies. If you have any questions or need assistance, text “HELP” to 48785, or you can contact us at https://easycoinsrewards.com/#contact.

You understand that you are not required to directly or indirectly enter into or sign a written agreement to receive telephonic sales calls or marketing messages as a condition of purchasing any property, goods or services from SCS. You can unsubscribe at any time by texting “STOP” to 48785. Message and data rates may apply. If you have any questions or need assistance, text “HELP” to 48785, or you can contact us at https://easycoinsrewards.com/#contact”

Please be advised that, notwithstanding any prior opt out request you make, you may need to receive a link via SMS/MMS message to enable you access to your Easy Coins Rewards account. No such link will be sent absent your direct request for login access.

Also, by providing your phone number and participating in the Easy Coins Reward program, you agree to receive notifications regarding changes to the program’s terms and conditions as a legally valid means of communication. Consequently, you will continue to receive such legal notices via SMS/MMS for as long as you remain a member of the program, even if you have opted out of receiving promotional or advertising messages.

In the event that you change or deactivate your mobile phone number, you may contact CustomerSupport@easycoinsrewards.com to provide your updated contact information. SCS, Internet service providers and/or wireless carriers are not liable for delayed or undelivered messages. You are responsible for determining whether your mobile provider supports text messaging and if your device can receive text messages. SCS is not responsible for any message or data charges. If you have any questions regarding privacy, please read our privacy policy https://dk-easy.com/privacy-policy/

C. PUSH NOTIFICATIONS

You may enroll in the Easy Coins Rewards application at easycoinsrewards.com and receive push notifications. Please refer to Android, iOS, or other application platform instructions in order to update your alert settings. You may log in and opt-out of push notifications from the application at any time.

VIII. ARBITRATION; CLASS ACTION AND JURY WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THE EASY COINS REWARDS PROGRAM TERMS.

Binding Arbitration: This provision is intended to be interpreted broadly to encompass all disputes, claims, or controversies (regardless of legal theory or source of law issue) arising out of or relating to the Easy Coins Rewards Program Terms and your access to or participation in Easy Coins Rewards. Any dispute or claim arising out of or relating to the Easy Coins Rewards Program Terms or Easy Coins Rewards (whether based in contract, tort, statute, fraud, misrepresentation, common law, or any other legal theory) will be resolved by binding arbitration, except that either you or SCS may take claims to small claims court if the claims or demands qualify for hearing by such a court.

Arbitration Procedures: For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to CustomerSupport@easycoinsrewards.com to allow SCS an opportunity to work with you to resolve the dispute. You and SCS each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within sixty days.

The arbitration of any dispute or claim shall be conducted by, and in accordance with, the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by the Easy Coins Rewards Program Terms. The AAA Rules and information about arbitration and fees are available online at < www.adr.org >. You and SCS agree that the Easy Coins Rewards Program Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. The arbitration will be conducted in the English language. There shall be three arbitrators selected from the AAA’s list of approved arbitrators, agreed to by the parties within thirty days of receipt by respondent of the request for arbitration or, in default of such agreement, by the AAA. Each party shall bear the portion of any deposit, advance, or other expense as determined by the arbitrator.

You and SCS agree that discovery will be limited to be cost-effective and proportionate to the claim, and that the cost of discovery shall be borne by the party requesting such discovery. Except as provided below, the arbitrators may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce the Easy Coins Rewards Program Terms as a court would. Notwithstanding the foregoing, the arbitrators shall have no authority to award punitive, consequential, or liquidated damages of any kind. In all arbitrations, the arbitrator must give effect to applicable statutes of limitations.

The award rendered by the arbitrators shall be final, non-reviewable, and binding on the parties. Any arbitration shall be confidential, and neither you nor SCS may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Class Action Waiver and Jury Waiver: You and SCS each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines in an action between you and SCS that this class action waiver is unenforceable, the arbitration agreement will be void as to you.

IX. LIMITATION OF LIABILITY

YOU AGREE TO LIMIT SCS AND SCS’S OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, AND AGENTS’ ENTIRE LIABILITY, REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND, OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, SUCH THAT LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM. FURTHER, IN NO EVENT SHALL ANY OF THE FOREGOING PERSONS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES SUFFERED IN CONNECTION WITH EASY COINS REWARDS OR YOUR USE THEREOF HOWEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

X. INDEMNITY

You agree to defend, indemnify, and hold harmless SCS and SCS’s officers, directors, employees, subsidiaries, affiliates, partners, licensors, agents, and each of them from and against any action, proceeding, loss, damage, liability, claim, or demand, cost or expense, including, without limitation, reasonable attorneys’ fees, experts’ fees, and court costs, arising out of or relating to your participation in Easy Coins Rewards, the Easy Coins Rewards Program Terms, or from any claim or demand made against any of them by any third party due to or arising out of your use of Easy Coins Rewards or the Easy Coins Rewards Program Terms.

By providing your phone number to SCS, you certify, warrant and represent that the telephone number you have provided is your contact number and not someone else’s. You represent that you are permitted to receive SMS/MMS messages at the telephone number you have provided. You agree to promptly alert SCS whenever you stop using a telephone number. In the event that you provide a phone number for which you do not have authority to provide consent, you agree to defend and indemnify SCS against any claims relating to SMS/MMS messages that SCS may make to any such phone number based on the consent that you have provided to receive such SMS/MMS messages.

XI. MISCELLANEOUS

A. CHOICE OF LAW

The laws of the State of Delaware, without giving effect to its choice of law doctrine, govern the validity, interpretation, and performance of these terms as well as your participation in Easy Coins Rewards and all adversarial proceedings arising out of these terms.

B. ASSIGNMENT

You may not sell, assign, or transfer any portion of your Easy Coins Rewards or obligations under the Easy Coins Rewards Program Terms by operation of law or otherwise. Your Easy Coins Rewards fully expire on your death or legal incapacitation. SCS may sell, assign, or transfer Easy Coins Rewards and the Easy Coins Rewards Program Terms in whole or in part, at any time, and without notice to you.

C. ENTIRE AGREEMENT

The Easy Coins Rewards Program Terms constitutes the entire agreement between you and SCS.

D. WAIVER

Waiver of rights for one provision under the Easy Coins Rewards Program Terms does not constitute a waiver of rights for the whole program.

E. SEVERABILITY

If any of the provisions of the Easy Coins Rewards Program Terms is deemed invalid, void, or for any reason unenforceable, that provision is severable and shall not affect the validity and enforceability of any remaining provision(s).

F. SUPPORTED CARRIERS LIST

The Easy Coins Rewards Program is supported by the following carriers: AT&T, Sprint, T-Mobile, US Cellular, Verizon and others. Mobile carriers are not liable for delayed or undelivered messages.