Text Messaging Terms and Conditions – Recess

Dollar General Selects Recess as Experiential Marketing Partner for DGMN

Last Revised: September 12, 2022

UNDER THESE TERMS YOU ARE AGREEING TO BINDING ARBITRATION AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER REQUIRES US BOTH TO ARBITRATE ALL CLAIMS INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY, AND REQUIRES THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

By opting in to receive text messages from Recess Digital, Inc., or our subsidiaries or affiliates (hereinafter, “We,” “Us,” “Our”) (the “Service”), you agree to these Text Messaging Terms and Conditions (the “Agreement”). Your participation in the Service is also subject to our Privacy Policy and Terms and Conditions. If there is an actual conflict between these Terms and any other terms that may govern the relationship between you and Us in other contexts, these Terms shall control and the non-conflicting provisions in any such other terms will continue to apply.

  1. Providing Telephone Numbers and Duty to Notify: You verify that the mobile number provided to Us is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by emailing deuce@recess.is

  2. Your Consent to Receive Automated Calls/Texts: You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive recurring automated text messages (such as SMS, MMS, or successor protocols or technologies) from Us and certain of our partners (as identified in the consent) concerning the marketing and sale of products, services, offers and promotions, made available by Us and certain of our partners (as identified in the consent). You understand that consent is not required to make any purchase from Us. Message and data rates may apply.

  3. Opt Out Instructions: Your consent to receive automated texts is completely voluntary. You may opt-out at any time. To opt out of text messages, reply STOP to any mobile message from Us, or email events@recess.is and specify that you want to opt out of text messages. You may also text HELP or email us at events@recess.is for help. You acknowledge and agree to accept a final text message confirming your opt-out. We may use different short codes for different messaging purposes, so texting STOP to one short code will not effectuate a stop request for all short codes to which you are subscribed. If you would like to stop messages from multiple shortcodes, text STOP to each short code to which you would like to unsubscribe.

  4. Indemnification to Us: You agree to indemnify Us for any privacy, tort or other claims relating to or arising from the Service or any of your interactions with Us, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees).

  5. Participation Requirements: By participating in the Service, you acknowledge and agree that you are at least eighteen (18) years old, or the age of majority in your jurisdiction. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate.