Terms and Conditions
TRUGREEN CUSTOMER LOYALTY PROMOTION - OFFICIAL RULES
FOR SELECTED TRUGREEN CUSTOMERS ONLY. NO ADDITIONAL PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE. ADDITIONAL PURCHASE DOES NOT INCREASE YOUR CHANCE OF BEING SELECTED TO PARTICIPATE OR RECEIVE AWARD. THIS CUSTOMER LOYALTY PROMOTION IS INTENDED ONLY FOR RESIDENTS OF THE UNITED STATES. DO NOT ENTER IF YOU ARE NOT ELIGIBLE PER THE CRITERIA BELOW. VOID WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
Current full program customers of TruGreen meeting certain criteria, including but not limited to tenure and payment method, have been pre-selected to receive an email offering a $10 promotional discount off a future service with TruGreen (“EasyPay Offer”) or a $20 promotional discount off a full prepayment of service with TruGreen (“PrePay Offer”). A customer who redeems the Offer shall be deemed a “Participant” in the promotion.
Offer is only open to those current TruGreen customers who received an email offering the discount. Customer must be 18 years old as of the date of receipt. Offer is only open to legal residents of the United States and is void where prohibited by law. Employees of TruGreen Limited Partnership, (“TruGreen”), its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the promotion. The promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
The sponsor of the promotion is TruGreen Limited Partnership (“Sponsor”), located at 1790 Kirby Parkway, Suite 300, Memphis, TN 38138.
- Agreement to Rules
By participating, Sponsor, and the Participant (“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 Sponsor as final and binding as it relates to the administration and content of this promotion.
- Promotion Period
The Offer must be redeemed no later than December 31, 2021, even if the service it is applied toward is not complete until a future date.
- How to Redeem
You may request to redeem the Offer by following the instructions in the email sent to you, specifically that customers may choose to apply the EasyPay Offer to their next invoiced service or the PrePay Offer to a full prepayment of future service. Customers must provide account information including name, address, phone, and customer number, as well as their choice of EasyPay Offer or PrePay Offer via the form link provided in the promotional email. You will receive an email confirmation once the Offer has been successfully applied to your account. After receiving the confirmation, customers selecting the PrePay Offer must contact TruGreen to process their prepayment, which will reflect the $20 discount in addition to any other prepay discounts for which they may be eligible.
Redemption requests that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. You may only use the Offer one time. You must provide the information requested. You may not request more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the Rules, your submission may be removed from eligibility at the sole discretion of the Sponsor.
The EasyPay Offer, a one-time $10 discount off a future TruGreen service, can be applied to a future payment of an existing TruGreen program. The PrePay Offer, a one-time $20 discount off a full prepayment of future TruGreen service, can be applied to a future prepayment of an existing TruGreen program. Regardless, the Offer cannot be applied retroactively to a previous payment, but can be combined with other discounts. One Offer per customer.
No cash or other award substitution shall be permitted except at Sponsor’s discretion. The Offer is nontransferable. Any and all Offer-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Participant. No substitution of Offer or transfer/assignment of Offer to others or request for the cash equivalent by Participant is permitted.
The odds of receiving an Offer are based on certain criteria, including but not limited to, customer tenure with TruGreen and payment method for 2021 services.
- Selection and Notification
Sponsor shall have no liability for customer’s failure to receive notices, including but not limited to the email offer and any follow-up related to the redemption request, due to spam, junk e-mail, incorrect telephone number or unanswered telephone calls or other security settings or for incorrect or otherwise non-functioning contact information. If You do not redeem the offer by the end of the Promotion Period, it may be forfeited. Receipt by Participant of the Offer is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY PARTICIPANT WILL, AT TRUGREEN’S SOLE DISCRETION, RESULT IN PARTICIPANT’S DISQUALIFICATION IN THE PROMOTION, AND ALL PRIVILEGES WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You
By entering this promotion, You understand and agree that the Sponsor, anyone acting on behalf of the Sponsor, and the Sponsor’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the promotion, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent, regardless of the medium, for example, video, voice recording, text, etc. By entering this content, You represent and warrant that your entry and responses are original works of authorship, and do not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend against or settle such claims. You shall indemnify, defend, and hold harmless the Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which the Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Terms & Conditions
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the promotion. In such case, Sponsor may fulfill the Offer to all Participants who requested to redeem prior to and/or after (if appropriate) the action taken by the Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the promotion or website or violates these Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the promotion, to void customer invitations and participation for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by promotion rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the promotion may be a violation of criminal and civil laws. Should such attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability
By redeeming the Offer, participating in any way or becoming a Participant, You agree to release and hold harmless the Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the promotion and/or his/her acceptance, possession, use, or misuse of any Offer or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the promotion; (v) electronic or human error in the administration of the Award or the processing of entries.
- CLASS ACTION WAIVER
By entering, You agree that any Claim must be brought in the parties’ individual capacity, and not as a class member in any purported class, collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever, including but not limited to, any action based on the Telephone Consumer Protection Act, California Consumer Privacy Act , Fair Debt Collection Practices Act or any other federal or state law related to loyalty programs, contests or promotions, data privacy or consumer protection. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable shall be determined only by an arbitrator in accordance with the Mandatory Arbitration provision set forth herein. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.
- MANDATORY ARBITRATION
You and Sponsor agree that any claim, dispute or controversy (“Claim”) between them or against the other or the employees, agents or assigns of the other, and any Claim arising from or relating to this agreement or the relationships which result from this agreement including but not limited to any tort or statutory Claim shall be resolved by neutral binding arbitration by the American Arbitration Association(“AAA”), under the Consumer Rules of the AAA in effect at the time the Claim is filed (“AAA Rules”). Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in Shelby County, Tennessee. AAA Rules and forms may be obtained and all claims shall be filed at any AAA office, www.adr.org or by calling 1-800-778- 7879. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the dispute. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, the arbitration fees and arbitrator compensation shall be payable as provided in the AAA Consumer Rules. However, for a Claim of $15,000 or less brought by You in your capacity, if You so request in writing, Sponsor will pay your arbitration fees and arbitrator compensation due to the AAA for such Claim to the extent they exceed any filing fees that You would pay to a court with jurisdiction over the Claim. To the fullest extent permitted by law, the arbitrator shall not have the power to award special, consequential or indirect damages against any party. The arbitrator’s power to conduct any arbitration proceeding under this arbitration agreement shall be limited as follows: any arbitration proceeding under this agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a consolidated, class action, multi-claimant or private attorney general action. The foregoing prohibition on consolidated, class action, multiclaimant and private attorney general arbitrations is an essential and integral part of this arbitration clause and is not severable from the remainder of the clause. The decision of the arbitrator shall be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. 9 U.S.C Sections 1-16. Judgment upon the award may be entered in any court having jurisdiction. Neither party shall dispute the enforcement of this arbitration agreement of the arbitrator’s award. If either party unsuccessfully disputes the enforcement of this agreement or the arbitrator’s award, then that party shall pay the attorney’s fees and costs of the adverse party. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION. THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.