SMS Text Messaging Terms & Conditions (dated March 1, 2020)
Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from Turn 5, Inc. (“Turn 5”), including text messages made with an autodialer, at the mobile phone number(s) you provide.
You may opt-out of these communications at any time by replying STOP to any text message from Turn 5 or by otherwise contacting Turn 5 as indicated below. You can receive help at any time by replying HELP to any text message from Turn 5 or by otherwise contacting Turn 5 as indicated below. Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from Turn 5. Messaging and data rates may apply. By completing the SMS text Messaging Opt-In Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of Turn 5 services.
Turn 5 offers its text messaging program whereby Turn 5, and any of its application service providers, will text message you to provide you with information concerning your account activity with Turn 5 and other Turn 5 products, services, and promotions (all of the foregoing the “Turn 5 Program”). TURN 5 and its application service providers may, from time to time, use standard or an automatic telephone dialing system (“Autodialer”) to deliver text messages to you under Turn 5 Program. You agree that you will not use Turn 5 Program for any illegal or unlawful purposes.
Under Turn 5 Program, the number of Turn 5 text messages that you receive may vary depending upon your account activity and your communication with Turn 5.
Turn 5 does not impose a separate fee for sending Turn 5 text messages under the Turn 5 Program. However, standard message and data rates may apply to each text message sent or received in connection with Turn 5 Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
Supported Carriers; Interruption
The Turn 5 Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The Turn 5 Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the Turn 5 Program are available on all equipment/mobile devices, or through all wireless carriers. Turn 5 may, from time to time, in its discretion and without notice to you, limit the carriers that support the Turn 5 Program. Certain other carriers may not support the Turn 5 Program.
Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The Turn 5 Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of Turn 5's control, and Turn 5 is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person's equipment/wireless device relating to or resulting from participating in or using the Turn 5 Program. If the Turn 5 Program is not available within your intended location, you agree that your sole remedy is to cease using the Turn 5 Program.
How to Opt-In
To opt-in to receive text messages from Turn 5 under the Turn 5 Program, complete the SMS/Text Messaging Opt-In Form and submit it to Turn 5. Turn 5 will then send you a text message asking you to confirm your enrollment in the Turn 5 Program.
How to Opt-Out
To STOP receiving text messages from Turn 5, text STOP to the ten-digit long code from which the text messages are being sent. You will then receive confirmation of your opt-out of the Turn 5 text- messaging program.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder's permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to date information with Turn 5 regarding your use of the Turn 5 Program, including, without limitation, notifying Turn 5 in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify Turn 5 in full for all claims, expenses, damages, and costs, including reasonable attorneys' fees, related to or caused in whole or in part by your failure to notify Turn 5 if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
To request more information, text HELP to the ten-digit long code from which the text messages are being sent. You may also receive assistance by providing written notice to TURN 5 at [email protected]. You may also call us at (866) 727-1266.
To receive Turn 5 text messages or enroll in the Turn 5 Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the Turn 5 Program, and authorized to incur any mobile message or data charges incurred by participating. Turn 5 reserves the right to require you to prove the foregoing to participate in the Turn 5 Program.
Changes to this SMS/Text Messaging Terms & Conditions
Turn 5 may revise, modify, or amend these SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Turn 5 website. You agree to review these SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Turn 5 text messages will indicate your acceptance of those changes.
Amendment; Termination of Text Messaging
Turn 5 may suspend or terminate your receipt of Turn 5 text messages if Turn 5 believes you are in breach of these SMS/Text Messaging Terms & Conditions. Your receipt of Turn 5 text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.
Turn 5 reserves the right to modify or discontinue, temporarily or permanently, all or any part of Turn 5 text messages and the Turn 5 Program, for any reason, with or without notice to you.
Release: No Warranties; Limitation of Liability
By participating in the Turn 5 Program, you agree to release and hold harmless Turn 5 and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys' fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the Turn 5 Program, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE TURN 5 PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. TURN 5 DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
In no event shall Turn 5 be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the Turn 5 Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney's fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party's maximum recovery for any losses or damages whatsoever arising out of or resulting from the Turn 5 Program, or your use thereof, regardless of the theory of recovery, is $10.00.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND TURN 5 ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND TURN 5 OR ANYONE ACTING ON YOUR OR TURN 5'S BEHALF, OR THE TURN 5 PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES ("AAA RULES") BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR COMMONWEALTH OF PENNSYLVANIA PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND TURN 5 INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS.
EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE COMMONWEALTH OF PENNSYLVANIA, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims, matters, and disputes between you and Turn 5 alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
In the event of any claim, matter, or dispute between you and Turn 5 arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and Turn 5 or anyone acting on your or Turn 5's behalf, or the Turn 5 Program, TURN 5, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys' fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration related fees and expenses.
The law of the Commonwealth of Pennsylvania including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these SMS/Text Messaging Terms & Conditions, the Turn 5 Program, or any text messages between you and Turn 5 or anyone acting on your or Turn 5's behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by email at [email protected]. You may also call us at (866) 727-1266.
Eligibility: No purchase necessary to enter or win. A purchase will not enhance the chance of winning a prize. This sweepstakes is open to legal residents of the United States, District of Columbia, and Canada who are age 18 or older at the time of entry. Employees, officers and directors (and the immediate families of each, including those living in their same household) of Turn 5, Inc. (“Sponsor”), and any of Sponsor’s affiliated companies, web, advertising, promotion, or production agencies are not eligible to participate. Sweepstakes is void where prohibited.
Facebook®, Instagram, Apple, And Google Disclaimer: Entrant agrees and acknowledges, as a condition of participating in the Sweepstakes, that Facebook® Inc., Instagram Inc., Apple Inc., or Google LLC, and their owners, directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (individually and collectively referred to herein as the “Social Networking Sites” or “SNS”) do not sponsor, endorse, or administer, nor are they in any way associated with, this Sweepstakes. As a condition of participating in this Sweepstakes, entrant further acknowledges and agrees that entrant shall release the SNS from any and all liability arising out of or relating to entrant’s participation in this Sweepstakes, or entrant’s acceptance, use, or misuse of a Prize. All questions regarding this Sweepstakes must be directed to Sponsor, not SNS.
Promotion Period: Sweepstakes begins at 12:00:00 a.m. Eastern Time on December 20, 2020 and ends 11:59 p.m. Eastern Time on December 31, 2021 (the “Promotion Period”). Please add or subtract from the start and end dates/times listed as necessary to account for your local time zone. Entries must be received and recorded by the Sponsor’s computer system during the Promotion Period and Sponsor’s computer system is the official time keeping device for the sweepstakes.
To Enter: Visit http://www.americanmuscle.com, (the “Website”) during the Promotion Period. Follow the posted instructions for registration, including your complete name, address, e-mail address, and phone number. Entries are limited to one (1) entry per person, per day, during the Promotion Period. Attempts to submit more than the allowed number of entries by using multiple or different email addresses, identities or other methods will cause such participant’s entries to be void. Any entries generated by robotic, programmed, script, macro or other automated devices will be disqualified. All entries and entry information become the property of the Sponsor.
Prize and Odds of Winning: One winner will be selected each month this Promotions runs and each winner receive $500.00 in credit to use for the purchase of any parts and accessories available at extremeterrain.com, americanmuscle.com, or americantrucks.com. $500.00 credit will include any sales taxes and delivery charges, and must be used, and purchases must be made within 15 days of first contact by Turn 5. The entire amount of the credit must be used within 24-hours of the first prize order being placed or may be forfeited at Turn 5’s option. Credit may not be used for more than five (5) of any one distinct item/SKU. Total approximate retail value of Grand Prize available is $500.00. Odds of winning each Prize depend on the number of eligible entries received.
Drawing: The winner will be selected in a random drawing conducted monthly among all entries properly received during the Promotion Period.
Prize Conditions: Prize cannot be transferred, redeemed for cash or substituted. All costs and expenses not expressly specified herein as Sponsor’s responsibility are solely the winner’s responsibility. If winner cannot accept the prize as stated, prize will be forfeited in its entirety and an alternate winner selected.
Limitation of Liability: Neither Sponsor nor its agencies are responsible for lost, illegible, late, misdirected, incomplete, or non-delivered entries; or for corrupted, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site, telephone or other connections, availability or accessibility, transmissions or miscommunications; or computer hardware or software malfunctions, failures, or technical errors or difficulties; or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Sponsor is not responsible for injury or damage to participants’ or any other person’s computer or device related to or resulting from participating in this Sweepstakes or from use of the Website. If, for any reason, Sweepstakes, in the sole opinion of Sponsor, is not capable of running as planned by reason of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to modify or suspend Sweepstakes, and determine winner as otherwise deemed fair and equitable by Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with entry process or operation of Sweepstakes or Website, to be acting in violation of the terms of the Website or to be acting in a disruptive manner, or with intent to threaten, abuse or harass any other person. In case of dispute, the authorized subscriber of e-mail account used to enter at actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses.
Application of Rules and Choice of Law. By entering this Sweepstakes promotion, entrants agree to abide by these Official Rules, which shall be final and binding as regards all matters pertaining to this promotion. By entering the Sweepstakes, participants further agree to release, discharge and hold harmless the Sponsor and their respective officers, directors, employees and agents, sponsors and licensees from any and all damages whether direct or indirect, including, without limitation, liability in connection with any injuries, damages or losses of any kind, whether to person or property, including death, rising out of the acceptance, enjoyment, use and/or misuse of any Prize and/or participation in this promotion. All entries become property of Sponsor. Any and all disputes will be resolved, individually and without recourse to class action, in the appropriate courts in the Commonwealth of Pennsylvania exclusively, and subject to the laws of the Commonwealth of Pennsylvania. Should there be a conflict between the laws of the Commonwealth of Pennsylvania and any other laws, the conflict will be resolved in favor of the laws of the Commonwealth of Pennsylvania.
Winner’s List: The winner’s name will be available online at entry site as well as upon request via letter with self-addressed stamped envelope to Sponsor’s address ATTN: SMS Sweepstakes Winners List starting on or about December 20, 2020.
Sponsor: Turn 5, Inc. 600 Cedar Hollow Rd., Paoli, PA 19301.
© 2020 by Turn5, Inc.