NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. ClearCellular, an Incorporation of New Zealand (“ClearCellular”), hereby engages you to participate in its marketing and referral program (“Program”) and provide referral services. By accepting the terms below, you agree to participate in the Program and provide marketing and referral services for ClearCellular by referring friends and family members (“Referred Members”) to become part of the ClearCellular network by signing up on ClearCellular’s website to receive ClearCellular email newsletters and special offers and information.
2. Participation in the Program is open only to those who sign up at https://clearcellular.org/ and who are 18 years old as of the date of acceptance. The Program is void where prohibited by law. Your engagement and participation in the Program is subject to all applicable federal, state, and local laws and regulations.
3. Participants of the Program engaged by ClearCellular must submit an entry using the online form provided at https://clearcellular.org/. You must provide your email, consent to allow your e-mail address to be added to the e-mail list of ClearCellular, and to allow ClearCellular to send you correspondence and newsletters. You must also agree to all terms, conditions and requirements, as specified, to be eligible to participate. Entries that are incomplete or do not adhere to the terms, conditions or specifications may be disqualified at the sole discretion of ClearCellular. You must provide the information requested. Participants are strictly limited to one entry per person. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the terms and conditions. If you use fraudulent methods or otherwise attempt to circumvent the terms and conditions, your engagement will be terminated at the sole discretion of ClearCellular.
4. You will be given a Unique URL (“Unique Referral Webpage”), for example: “https://clearcellular.org/#unique-url”. You may choose to share this Unique URL via social media networks, email, blog, text, or other social media, online messaging, and publishing platforms. Each participant in the referral program will be ranked by total number (“Referral Count”) of eligible referred emails (“Eligible Referrals”) input on the Unique Referral Webpage. An Eligible Referral must be verified by receiving an email to the email address and clicking the "confirm this email" button. The failure to receive the email address in this manner will regard the email as undeliverable and ineligible (“Ineligible Referral”). Ineligible Referrals will not be counted toward the participants Referral Count.
5. Participant’s who obtain the necessary Referral Count will be eligible to participate in ClearCellular’s Commission Plan (“Rewards”) and receive discounted membership (“Membership”) fees to access the ClearCellular marketing materials as compensation for their participation. The Membership shall allow recipients the right to receive free downloadable Facebook ads, Instagram posts, tips on popup booths, and a whole tool box of other marketing materials (“Marketing Kit”). The Membership Kit shall be useful to share with friends and family the ClearCellular vision and products as they become available sometime in the future. Any Rewards received by an eligible participant shall be restricted and non-transferrable and subject to the terms and conditions of the Plan and the specific grant agreement. The receipt of a Reward is subject to the terms and conditions set forth herein. Participant agrees to be solely responsible for any and all taxes as a result of accepting and receiving any Rewards. Recipients of Rewards will be responsible to pay all taxes and individual filings associated with any Rewards. You acknowledge and agree that your participation in this program does not guarantee that any Rewards will be generated and requires further commitment and work to develop rewards.
6. Your participation in the Program shall commence upon your acceptance of these terms and shall remain in force until September 9th, 2019 at 11:59pm (the “Term”). However, your participation may be terminated by you or ClearCellular at any time during the Term by providing notice thereof. Notwithstanding the foregoing, in the event of a termination of your participation in the Program, ClearCellular shall remain obligated to pay you any Reward that is due through the date of termination.
7. Your participation in the Program and the services performed by you hereunder shall be on an Independent Contractor basis. You expressly agree that you are an Independent Contractor and not an employee, agent, partner or joint venture of ClearCellular, and, as such, are not eligible for social security benefits, workers’ compensation benefits, disability benefits, unemployment insurance benefits, health benefits, vacation pay, sick leave or any other employee benefits of any kind.
8. By participating, you agree to be fully and unconditionally bound by these terms and conditions, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of ClearCellular as final and binding with regards to the engagement.
9. You may opt out of the Program or ClearCellular email list at any time.
10. You agree to be bound by the terms hereof and release and indemnify ClearCellular and its officers, directors, agents, and employees, for, from and against any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of your participation in the engagement or receipt of any Reward. You further agree to release ClearCellular, its current and former officers, directors, members, shareholders, partners, owners, affiliates, successors, assigns, employees, contractors, representatives, agents and insurers (collectively, the “Releasees”) from, and agree not to sue Releasees concerning, any and all claims, actions, causes of action, demands, orders, obligations, liabilities, agreements, promises, damages, losses, costs and expenses of every kind and nature, whether in law or in equity, statutory or common law, now known or unknown, fixed or contingent, or accrued or unaccrued, that the Releasors may have now or hereafter have against any of the Releasees arising out of or in any way related to your engagement, your participation in this program and your receipt or failure to receive any Rewards (collectively, “Claims”). You agree that the provisions of this Section 10 are and shall remain in effect in all respects as a complete general release as to the matters released herein, but do not release any party in any manner or obligations of such party incurred under this Agreement.
11. Use of fraudulent or illegal means to perform the engagement or participate in the Program will be subject to disqualification. ClearCellular is not responsible for technical, hardware, software or telephone or other transmission failures of any kind, lost or unavailable network connections or incomplete, garbled or delayed computer transmissions, regardless of cause. ClearCellular reserves the right in its sole discretion to cancel or suspend the Program should a virus, bug or other problem beyond the control of ClearCellular corrupt the administration, security, or proper execution of the Promotion. ClearCellular may waive any of these rules in its sole discretion.
12. By participating in the Program, you represent, warrant, acknowledge and agree that you:
13. The Program IS GOVERNED BY THE LAWS OF NEW ZEALAND, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Program, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Program, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Utah having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain Rewards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Program). Participant further waives all rights to have damages multiplied or increased.
14. ClearCellular reserves the right, in its sole discretion and without any resulting responsibility or liability, to cancel, modify or suspend this Program or to amend these rules and regulations at any time for any reason. Copies and all changes to Promotion rules will be posted at https://www.clearcellular.com/referral-terms
15. Information submitted with an entry is subject to the Privacy Policy stated on the ClearCellular website. To read the Privacy Policy, https://clearcellular.org/privacy.
