Cricket Wireless Refer a Friend Terms and Conditions
IMPORTANT: Please read the following Cricket Wireless Refer-A-Friend Program ("Program") Terms & Conditions ("Terms and Conditions") before participating in the Program. It is your responsibility to carefully read and to understand these Terms and Conditions. If you do not wish to participate in the Program, do not click the "I Accept" button on the Program Website and do not click "Submit." These Program Terms and Conditions may be updated at any time, and changes become binding once posted on www.cricketwireless.com.
These Terms and Conditions govern your participation in the Program and constitute an agreement ("Agreement") between you and Cricket Wireless LLC ("Cricket" or "Cricket Wireless"). By clicking the "I Accept" button on the Program Website, subsequently referring a friend, or otherwise participating in the Program, you agree to be bound by these Terms and Conditions.
II. Program Overview
This Program is designed to reward current Cricket customers who refer one or more new customers to Cricket, and to reward new Cricket customers referred to Cricket by a current Cricket customer. The Program is accessible through the Program Website located at: refer.cricketwireless.com ("Program Website").
III. Eligibility Requirements
- To receive Program benefits you must participate in the Program and meet all eligibility requirements set forth herein ("Eligibility Requirements").
- Only Referrers and Referees (as defined below) meeting all of the Eligibility Requirements may participate in the Program.
- You must be of legal age in your respective state of residence to participate in the Program.
- You must have Internet access and a valid personal email address to participate in the Program. Cricket is not responsible for your inability to connect to the Internet or to log into the Program Website.
- Cricket must be able to communicate with you using the email address you provided to participate in the Program. You will not be allowed to participate in the Program if you unsubscribe or otherwise opt out of receiving promotional and marketing email from Cricket or we are otherwise unable to communicate with you by email.
- Employees of Cricket, its affiliated and parent companies, and its agents, dealers, distributors and vendors are not eligible to participate in the Program.
- Referrer and Referee cannot be on the same account. Each person must have a separate account. If Referrer and Referee have combined accounts, the service credits earned under the Program (“Referral Credits”) are forfeited.
The person making the referral is called the "“Referrer". To participate in the Program as a Referrer the Referrer must:
- be an active Cricket Wireless customer in good standing on a qualifying rate plan (you will not be able to make a referral if your account is suspended or cancelled);
- visit the Program Website;
- enter your full name, a valid personal email address and your Cricket Wireless telephone number;
- enter the full name and a valid personal email address of the Referee;
- click the "I Accept" button accepting these Program Terms and Conditions;
- click the "Submit" button;
- refer a Referee who meets all of the Eligibility Requirements of the Program and who remains an Cricket Wireless customer in good standing on a qualifying Rate Plan for sixty (60) consecutive days after account activation;
- remain an Cricket Wireless customer in good standing on a qualifying Rate Plan for the same sixty (60) consecutive days period as your Referee after your Referee has activated their new Cricket Wireless account; and,
- have an active Cricket Wireless account (that is not combined in any way with Referee's account) at the time the Referral Credits are delivered to your account. Referral Credits will not be delivered to an account that has been cancelled and any such Referral Credits are forfeited.
The "Referee" is the person who has been referred by a Referrer to the Program. To participate in the Program as a Referee a Referee must:
- be a new Cricket customer (one who has not previously had wireless service with Cricket or had service with Cricket or Cricket Communications, Inc. in the past ninety (90) days before activating a new Cricket Wireless account);
- receive an official Program referral email and unlock the referral offer by entering your email address and accepting the Program Terms and Conditions within 30 days;
- activate a qualifying Cricket Rate Plan on a new line of wireless service that is not on the same account as the Referrer, and return to the Program Website to self-report your new Cricket wireless telephone number within thirty (30) days of unlocking the referral offer;
- remain an Cricket Wireless service customer in good standing on a qualifying Rate Plan for sixty (60) consecutive days after activating a new Cricket Wireless account; and,
- have an active Cricket Wireless account at the time the Referral Credits are delivered to your account. Referral Credits will not be delivered to an account that has been cancelled and any such Referral Credits are forfeited.
- You may not participate in the Program and may not submit referrals, redeem a Referral Code or receive Referral Credits if your Cricket account is cancelled.
- We may, at our sole discretion and at any time, prohibit you from participating in the Program (including receiving Referral Credits) if your account is suspended for any reason - including non-payment.
- You cannot refer yourself.
- You cannot refer another Cricket Wireless customer to join your account and receive Referral Credits.
- Rate Plan migrations, Rate Plan renewals, Rate Plan upgrades, and other account status changes do not constitute new customer activations and are not eligible for participation in the Program.
- You cannot refer a customer who has previously activated Cricket Wireless service.
- You cannot refer an existing Cricket Wireless customer.
- You must use the Program Website to make referrals. Referrals made by any other means (such as through customer care or at a retail location) are not eligible to participate in the Program.
IV. Referral Credits
- A Referee who has met all of the Eligibility Requirements and who remains an Cricket Wireless service customer in good standing on a qualifying Rate Plan for sixty (60) consecutive days after activating their new Cricket Wireless account is eligible to receive a $25 Referral service credit.
- Only one $25 Referral Credit will be credited to an Eligible Referee's account regardless of the number of new lines activated by the Referee.
- Subject to the Referral Credit Cap set forth below, a Referrer who has met all of the Eligibility Requirements and who remains an Cricket Wireless service customer in good standing on a qualifying Rate Plan during the same sixty (60) consecutive day period as the Referee is eligible to receive a $25 Referral account credit. Referrer will not receive a Referral Credit if the Referee fails to meet any of the Eligibility Requirements, including, but not limited to the requirement that the Referee remain a Cricket Wireless service customer in good standing on a qualifying Rate Plan for sixty (60) consecutive days after activating their new Cricket Wireless account.
- Only one $25 Referral Credit will be credited to an Eligible Referrer's account for each Eligible Referee referred to the Program regardless of the number of new lines activated by the Referee.
- Referral Credits are typically delivered to customer accounts within fifteen (15) business days of the date the Referrer and/or Referee become eligible to receive the Referral Credit.
- You will not receive a Referral Credit, and will forfeit any Referral Credit that you are eligible to receive, if, at any time prior to the delivery of the service credit, your account is cancelled.
- Referral Credits are provided in the form of wireless service credits delivered into a customer's Cricket Refer a Friend account. Wireless service credits can only be used to purchase wireless service plans and service features, as defined by Cricket. Wireless service credits are not transferrable and cannot be used to purchase phones, tablets or accessories. Wireless service credits cannot be used to pay for or offset fees charged to your Cricket account, including but not limited to activation fees, late payment fees, and reinstatement fees. Service credits cannot be redeemed for cash or any cash equivalent. Service credits do not expire as long as your account remains active and is not cancelled. Service credits are non-refundable, which means that if your account is cancelled the service credits will not be refunded and are forfeited.
- Cricket may, at our sole discretion, limit the number of referrals that may be made by a Referrer at any time.
- Cricket imposes a limit on the number of referrals that earn Referral Rewards credited to a Referrer's account in any one calendar year period ("Referral Credits Cap"). The one calendar year period begins on January 1st and ends on December 31st each year ("Referral Credits Year"). The Referral Credits Cap is ten (10) referrals, for a maximum of $250.00 in service credits received during any Referral Credits Year. This means that once you make ten (10) referrals and have received Referral Credits credited to your account for those ten (10) referrals during any Referral Credits Year, you will not receive any Referral Credits for any additional referrals that would be credited to your account in the same Referral Credits Year. Referrals made in one Referral Credits Year that earn a Referral Credit the next Referral Credits Year count toward the Referral Credit Cap in the Referral Credits Year that the Referral Credit is credited to the Referrer's account.
- You are responsible for any and all tax liability arising out of your accrual or redemption of Referral Credits; conversely, Cricket Wireless is not responsible for any and all tax liability arising out of your accrual or redemption of Referral Credits.
- Cricket may, in its sole discretion, introduce promotional offers ("Promotion") that enable participants to earn additional credits for the completion of actions specified by Cricket. Cricket is not responsible for changes to, or the discontinuance of, any Promotion or for any effect on the accrual of credits caused by changes or discontinuance to any Promotion.
V. Communication By Email
VII. Limitation of Warranty
- THE PROGRAM IS BEING PROVIDED "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRICKET EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
- YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF CRICKET PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION VII, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
- CRICKET DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PARTNERS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH CRICKET INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEB SITE, CRICKET DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, CRICKET DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND CRICKET ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE.
VIII. Limitations of Liability
CRICKET SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY CRICKET IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PARTNERS OR SUPPLIERS, EVEN IF CRICKET, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Participation in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to any Referral, Referral Code, attempt to redeem any Referral Code, or Referral Award delivery, or any misrepresentation of any information furnished to Cricket or its affiliates by you, or anyone acting on your behalf, may result in the termination of your participation the Program, cancellation of Program benefits and/or forfeiture of any Referral Credit. In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf, Cricket reserves the right to cancel your account.
X. Termination or Changes to the Program
- Cricket reserves the right to terminate the Program at any time without notice. If Cricket chooses, a notification of Program termination may be sent to the email address provided to Cricket during the referral process. We may also publicize the Program termination on refer.cricketwireless.com. Cricket will not be responsible for failing to notify you of Program termination where such failure is caused by an error in your email program, an inaccurate email address, your failure to check for your email, your failure to visit the Program website, or your failure to update email settings to enable email from Cricket.
- Cricket may modify the Program and/or these Program Terms and Conditions from time to time in its sole discretion, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Program Terms and Conditions on the Program Website regularly to determine whether the Program or these Program Terms and Conditions have been modified. If you do not agree to any modification of this Agreement, you must immediately stop participating in the Program and advise Cricket that you are no longer participating.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-855-246-2461. In the unlikely event that Cricket's customer service department is unable to resolve a complaint you may have to your satisfaction (or if Cricket has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, Cricket will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from Cricket to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), Cricket will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what Cricket has offered you to settle the dispute.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. The failure by Cricket to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Cricket with respect to the Program.
- Cricket and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
- References to "Cricket," "you," and "us" include our respective subsidiaries, affiliates, agents, dealers, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Cricket are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
- A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Cricket should be addressed to: Office for Dispute Resolution, Cricket Wireless, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Cricket and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Cricket may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Cricket or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Cricket is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.cricketwireless.com/arbitration-forms.
- After Cricket receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, Cricket will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at www.Cricketwireless.com/arbitration-information. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Cricket and you agree otherwise, any arbitration hearings will take place in the county (or parish) of the address associated with your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Cricket will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Cricket for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
- If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Cricket's last written settlement offer made before an arbitrator was selected, then Cricket will pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium"). If Cricket did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
- The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws Cricket may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, Cricket agrees that it will not seek such an award.
- The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND CRICKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cricket agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- Notwithstanding any provision in this Agreement to the contrary, we agree that if Cricket makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within thirty (30) days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.