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Monster Energy

TERMS & CONDITIONS

The “Monster Energy® Morgan Wallen Still the Problem Tour” 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.

  1. Eligibility: The “Monster Energy® Morgan Wallen Still the Problem Tour” promotion (the “Promotion”) is open to persons who are legal residents of, physically located in, and who have a mailing address in the fifty (50) United States or the District of Columbia (the “Promotional Territory”) and who are eighteen (18) years of age, or the age of majority in their state of residence, whichever is older at the time of account creation. The Promotion are subject to these terms and conditions (“Terms and Conditions”), and by participating, a participant (“Participant”) agrees to be bound by these Terms and Conditions and the decisions of Monster Energy Company (“Monster”) which are final and binding in all respects. The Promotion begins at midnight beginning May 1, 2026, and ends at midnight ending August 31, 2026 (the “Promotion Period”). All times stated are US Pacific Time. Employees, officers and representatives and members of the immediate families of Monster and its respective affiliated companies, parent companies, subsidiaries, participating promotional partners, retailers (including The Kroger Co., hereinafter “Kroger”), distributors, advertising and promotion agencies, technology platform providers, and any company involved in the creation, design, execution, production, or fulfillment of the Promotion (all of the foregoing entities, collectively, the “Promotion Entities”) are not eligible to participate in this Promotion. This Promotion is void where prohibited or restricted by law.
  1. How to Earn Points: To obtain points redeemable for Monster Energy® gear item(s), Monster Energy® x Morgan Wallen Still the Problem Tour gear item(s), and/or event tickets (collectively, “Monster Gear”), Participants must purchase any Monster Energy® energy drink products from a participating retailer in the Promotional Territory during the period of May 1, 2026 to August 31, 2026 (“Qualifying Purchase Period”) and take a picture of their purchase receipt; original purchase receipt must be uploaded, duplicate, copy, or re-print receipts will not be accepted. Participants must visit morganwallen.monsterenergy.com (the “Website”) and create an account or log on to their existing account, complete the online form, and submit an image of their full receipt(s) by August 31, 2026 (qualifying purchases must have been made on or before August 31, 2026). Last day to create an account and to submit all receipts through the Website is August 31, 2026. Participants may be given the option to receive an SMS text to authenticate their account during the registration process. See paragraph 3 below for important information on SMS messaging. Limit one hundred twenty (120) cans per receipt; limit one (1) receipt upload per day. Collect one (1) point for every one (1) Monster Energy® energy drink can purchased. Once Participants have accumulated enough points from valid purchases, Participants can redeem those points for Monster Gear or continue to accumulate points for higher tier items. Limitations apply. Various Monster Gear item(s), including event tickets, will be available at different times for redemption throughout the Promotion Period (each, a “Drop Date”) and cannot be redeemed prior to their respective Drop Date; see chart below for anticipated drop dates, but subject to change in Monster’s sole discretion. Monster Gear item(s) available include:

Item

Required Points

Max Quantity Each Participant Can Redeem For

Monster Energy Bottle Opener

1

5

Monster Energy Guitar Picks (12-pack)

5

2

Monster Energy Lanyard & Sticker Kit

5

5

Monster Energy x Ernie Ball Braided Instrument Cable

 10

1

Monster Energy x Ernie Ball Guitar Strap

 15

5

Monster Energy Dad Hat

 15

3

Monster Energy Belt Buckle

 25

5

Monster Energy x Morgan Wallen Hoodie (XS)

 45

2

Monster Energy x Morgan Wallen Hoodie (SM)

 45

2

Monster Energy x Morgan Wallen Hoodie (MD)

 45

2

Monster Energy x Morgan Wallen Hoodie (LG)

 45

2

Monster Energy x Morgan Wallen Hoodie (XL)

 45

2

Monster Energy x Morgan Wallen Hoodie (2X)

 45

2

Monster Energy x Morgan Wallen Hoodie (3X)

 45

2

Monster Energy x Morgan Wallen Still the Problem Tour Duck Vest (SM)

 60

1

Monster Energy x Morgan Wallen Still the Problem Tour Duck Vest (MD)

 60

1

Monster Energy x Morgan Wallen Still the Problem Tour Duck Vest (LG)

 60

1

Monster Energy x Morgan Wallen Still the Problem Tour Duck Vest (XL)

 60

1

Monster Energy x Morgan Wallen Still the Problem Tour Duck Vest (2X)

 60

1

Monster Energy x Morgan Wallen Still the Problem Tour Duck Vest (3X)

 60

1

Monster Energy x Fender Acoustasonic 40 Guitar AMP

 100

2

Limited Edition Exclusive I’m the Problem Tour Vinyl Black 3LP

100

1

Monster Energy Atomizer Boombox

 250

1

Monster Energy x Morgan Wallen Still the Problem Tour Signed Gibson J-45 Acoustic Electric Guitar

 1000

1

Monster Energy x Morgan Wallen Still the Problem Tour Kawasaki KX450

 2500

1

     

Event Tickets

   

Two (2) tickets to Morgan Wallen Still the Problem Tour (Indianapolis, IN – 5/8/2026)

150

Limit one (1) Event Ticket redemption (i.e. two [2] tickets) per Event Date, and three (3) Event Ticket redemptions (i.e. six [6] tickets) total per Participant.

Two (2) tickets to Morgan Wallen Still the Problem Tour (Indianapolis, IN – 5/9/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Gainesville, FL – 5/15/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Gainesville, FL – 5/16/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Denver, CO – 5/29/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Denver, CO – 5/30/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Pittsburgh, PA – 6/5/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Pittsburgh, PA – 6/6/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Chicago, IL – 6/19/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Chicago, IL – 6/20/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Clemson, SC – 6/26/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Clemson, SC – 6/27/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Baltimore, MD – 7/17/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Baltimore, MD – 7/18/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Ann Arbor, MI – 7/24/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Ann Arbor – 7/25/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Philadelphia, PA – 7/31/2026)

150

Two (2) tickets to Morgan Wallen Still the Problem Tour (Philadelphia, PA – 8/1/2026)

150

Event Ticket and Monster Item Drop Schedule:

Event

Anticipated Drop Date

Two (2) tickets to Morgan Wallen Still the Problem Tour (Indianapolis, IN – 5/8/2026)

May 1, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Indianapolis, IN – 5/9/2026)

May 1, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Gainesville, FL – 5/15/2026)

May 1, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Gainesville, FL – 5/16/2026)

May 1, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Denver, CO – 5/29/2026)

May 1, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Denver, CO – 5/30/2026)

May 1, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Pittsburgh, PA – 6/5/2026)

May 15, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Pittsburgh, PA – 6/6/2026)

May 15, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Chicago, IL – 6/19/2026)

May 15, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Chicago, IL – 6/20/2026)

May 15, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Clemson, SC – 6/26/2026)

May 15, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Clemson, SC – 6/27/2026)

May 15, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Baltimore, MD – 7/17/2026)

June 1, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Baltimore, MD – 7/18/2026)

June 1, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Ann Arbor, MI – 7/24/2026)

June 15, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Ann Arbor – 7/25/2026)

June 15, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Philadelphia, PA – 7/31/2026)

July 1, 2026

Two (2) tickets to Morgan Wallen Still the Problem Tour (Philadelphia, PA – 8/1/2026)

July 1, 2026

Monster Energy x Fender Acoustasonic 40 Guitar AMP

August 3, 2026

Monster Energy x Morgan Wallen Still the Problem Tour Signed Gibson J-45 Acoustic Electric Guitar

August 3, 2026

Monster Energy x Morgan Wallen Still the Problem Tour Kawasaki KX450

August 3, 2026

  1. SMS Messaging: By opting-in to SMS messaging, Participants expressly consent to receive text messages, via an automated telephone dialing system to the number the Participant provided. Participants can text STOP at any time. For help text HELP at any time or call 1-888-322-4466. Text, message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Participants’ consent to the above is not required to make a purchase. Carrier specific charges for text messages and data may apply for each message sent or received, depending on a Participant’s individual carrier’s cellular pricing plan, in accordance with a Participant’s cellular customer agreement. Not all mobile devices are supported. Participants may only participate in the Promotion if they are using a supported device. SMS/MMS may not be available for all service providers or for all handsets. Cellular phone carrier’s instructions for text messaging may be different. Promotion Entities make no guarantee that any particular wireless service provider will participate. By selecting to participate, the Participant grants permission to the Promotion Entities to communicate via text message and must agree to accept all applicable charges associated therewith. Wireless service providers may charge Participants for each text message, including any error message that is sent and received in connection with the Promotion, based on the applicable wireless service plan. Participants are responsible for all applicable fees and taxes associated with participating in the Promotion. If a Participant experiences any difficulty with the two-factor authentication process or the SMS messaging process, please contact Monster’s service provider at 1-888-322-4466.
  1. Kroger Double Points: Between May 27, 2026 to August 31, 2026 purchase any Monster Energy® energy drink products in a single transaction at a participating Kroger location (see Exhibit A for a full list of participating Kroger stores) within the Promotional Territory and take a picture of your qualifying purchase receipt. Scan the QR code located on the point of sale display at the participating Kroger location or visit morganwallen.monsterenergy.com to create an account or log in to your existing account and upload a photo of your full receipt(s) to receive points by August 31, 2026 (qualifying purchases must have been made on or before August 31, 2026). You will receive one (1) point and one (1) bonus point for every one (1) Monster Energy® energy drink product purchased in-store at participating Kroger locations — i.e., two (2) points total per can.
  1. How to Redeem: Scan the QR code located on the point of sale displays or visit morganwallen.monsterenergy.com to log in to your account and track your points earned after each qualifying purchase. Points will be awarded to your account within twenty-four (24) to thirty-six (36) hours following the validation of the qualifying receipt submission. An email confirmation will be sent to the email associated with your account once your receipt has been verified. Once you have collected enough points, you may then redeem your points by selecting your desired Monster Gear item (subject to availability) and completing the online order process. Limit five (5) Monster Gear item(s) per redemption order; limit one (1) Monster Gear item(s) redemption order per day, per account. Once you redeem your points for any Monster Gear item, the number of points needed for that item will be deducted from your overall total points in your account. Points have no monetary value. Redemption of any Monster Gear item via your account cannot be undone. All Points not redeemed for Monster Gear item(s) by November 30, 2026 will be forfeited.

No refunds, returns or exchanges will be accepted. The resale of Monster Gear item(s) is prohibited. We cannot ship to PO Boxes or APO/FPO/DPO addresses. Monster Gear item(s) and their styles, colors and sizes are while supplies last, subject to availability and may be substituted without advance notice. Monster Gear item(s) will be automatically shipped to the mailing address associated with Participants account. Participants are responsible for ensuring their mailing address is correct within their account prior to time of order placement. 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, 2026. 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. Participants have five (5) days to respond to any inquiries from Monster regarding their Monster Gear item(s) online order; if a response is not received within five (5) days your order is subject to cancellation. If a Participants account is closed due to fraudulent activity or other factors determined at Monster’s discretion, any unfulfilled Monster Gear item orders on the account will be cancelled.

Event tickets are subject to availability, as well as the terms and conditions applicable thereto. Participant and guest ticketholders must be eighteen (18) years of age or older at time of admittance. Participant and guest ticketholders are subject to all rules, regulations, protocols, terms and conditions of the event promoters. Participant and guest ticketholders will be required to comply with all sanctioning body and venue rules and regulations, including all COVID-19 protocols in effect at the venue at the time of the event. Failure to do so may result in forfeiture of prize as determined by Monster. If, for whatever reason, the event is cancelled or postponed, the ticket terms and conditions will govern, and Promotion Entities will have no further obligation to Participant. Event tickets do not include travel or accommodations, which are the sole responsibility of the Participant. The resale of event tickets is prohibited.

Participant and guest ticketholders fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that may be implemented from time to time based upon public health and government-sponsored guidelines, can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.

  1. Liability Release and Indemnity: By participating in the Promotion, you agree that the Promotion Entities, the Monster Gear suppliers and distributors (including the producers and promoters of the Morgan Wallen Still the Problem Tour) and the employees, officers, directors, shareholders, agents and representatives of each (the “Released Parties”) (collectively, the “Monster Indemnified Parties”) are indemnified, released and will be held harmless by you from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of any Monster Gear item. Each Monster Gear item is offered and provided “as is” with no warranty or guarantee by Monster, either express or implied. Any and all warranties and/or guarantees on the Monster Gear items (if any) are subject to the manufacturer’s terms therefore, and Participant agrees to look solely to such manufacturer(s) for any such warranty and/or guarantee.

You agree to indemnify, defend, and hold harmless the Monster Indemnified 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 Indemnified 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 Indemnified Parties’ liability will be limited to the cost of entering and participating in Promotion, and in no event shall the Monster Indemnified Parties be liable for your attorney’s fees.

The Monster Indemnified Parties assume no responsibility for and will disqualify/reject 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 Indemnified 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 Indemnified 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. ANY VIOLATION OF THESE TERMS AND CONDITIONS BY A PARTICIPANT WILL RESULT IN SUCH PARTICIPANTS DISQUALIFICATION AS A PARTICIPANT OR WINNER OF THE PROMOTION AND ALL PRIVILEGES AS A PARTICIPANT WILL BE IMMEDIATELY TERMINATED. 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. Proof of submission does not constitute proof of entry.

NOTE: VPN use may prohibit receipt upload. If a Participant experiences trouble submitting their receipt while using a VPN, turn off the VPN, and submit the receipt again. Please keep your original purchase receipt.

  1. General Terms: By participating in the Promotion, you: (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 Monster Indemnified Parties from and against any claims, injury or damages arising out of or relating to participation in the Promotion, and/or the use, misuse or redemption of any Monster Gear item, and for any claim including claims based upon defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Promotion, the Monster Gear item(s), or Monster’s advertising and marketing related to the Promotion, or you. Receiving your Monster Gear item is contingent upon fulfilling all requirements set forth herein. Any Promotion related images pictured in online, television and print advertising, promotional packaging and other Promotion materials are for illustrative purposes only and may not reflect the actual item received.

The Monster Indemnified 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 Indemnified 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 Indemnified 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 Period, notice will be posted on http://morganwallen.monsterenergy.com if time permits. Monster reserves the right to modify and amend these Terms and Conditions from time to time during the Promotion Period and thereafter, if necessary.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, MONSTER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

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.

  1. 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 Terms of Use accessible at: http://monsterenergy.com/en-us/terms-of-use/ and Monster’s Privacy Policy available at: monsterenergy.com/en-us/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 account creation. Among other things, the information an opting in Participant provides may be used to send company updates and announcements about Monster Energy Company concerning products and promotions that may be of interest to you.
  1. 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 MONSTER GEAR 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 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.
  1. 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.
  1. Sponsored by: This Promotion is sponsored by Monster Energy Company, 1 Monster Way, Corona, CA 92879.

 

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)