Terms of Service SMS Texts – Gillette Stadium, Marketing & Events

Last modified December 16, 2021

Program:  Gillette Stadium, Marketing & Events  (the “Program”).

Short Code: _____ (the “Short Code”).

These are the terms of service for Kraft Sports and Entertainment LLC’s (“short code service for the short code listed above (the “Service”). Please read these Terms of Service (the “Terms of Service” or “Terms”) carefully.  THESE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT. ALWAYS CHECK THE “LAST UPDATED” DATE ABOVE PRIOR TO USE OF THE SERVICE.

These Terms create an agreement between legal entity that is registered for the short code service, Kraft Sports and Entertainment LLC (“We,” “Our” or “Us” and terms of similar meaning) and its guests and any other individuals that access and use the Service, directly or indirectly (“Customer”, “You” or “Your” and terms of similar meaning).

1. The Service is used to used to send marketing and information messaging via SMS and MMS for Gillette Stadium events, staff, and memberships.
2. You initially opt-in to the Service by either (i) texting the short code indicated above, (ii) responding to an email from Us or emailing Us  at [email protected]_to request an opt-in form, which would then trigger a text opt-in confirmation (by SMS), or (iii) other opt-in method provided by Us from time to time.
3. You can cancel the Service at any time. Just text STOPto the Short Code.    After You send the SMS message STOP to Us, We will send You an SMS message to confirm that You have been unsubscribed from the Service after which time You will no longer receive SMS messages from the Service. If You want to re-activate the Service, please just sign up as You did the first time and We will start sending SMS messages to You again.
4. If You are experiencing issues with the messaging program You can reply with the keyword HELPto the Short Code for more assistance, or You can get help directly at 508-384-4236.  After You send the SMS message HELP to Us, We will respond with instructions on how to use the Service as well as how to unsubscribe.
5. Carriers are not liable for delayed or undelivered messages that are sent by You or by Us.
6. Message and data rates may apply for any messages sent to You from Us and to Us from You. Message frequency varies.    If You have any questions about Your text plan or data plan, it is best to contact Your wireless provider.
7. By using the Service, You agree to these Terms of Service and the terms of Our Privacy Policy: http://www.gillettestadium.com/sms-private-policy/
8. The Services are not intended for the transmission or processing of sensitive or confidential data (including without limitation health data). Any transmission or processing of such is solely at Your own risk. We will have no additional liability whatsoever in connection with any such data transmitted or processed via the Services.
9. Any content You text to Us using the Service (words or images or other) will be considered non-confidential and non-propriety. By texting content to Us, You grant Us and Our affiliates and service providers, and each of their and Our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.  We have the right to take any action with respect to any content You text to Us as We deem necessary or appropriate in Our sole discretion.
10. By using the Service, You represent and warrant that You are of legal age to form a binding contract with Us and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not use the Service.  You will use the Service only in accordance with applicable law and regulation.  You will not attempt to transmit any virus or other malicious or harmful code or other material to Us. We reserve the right to prohibit any user from using the Service for any reason.
11. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE AND HEREBY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO THE SERVICE.  WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT WILL WE OR OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
12. We are not liable if the Service is unavailable at any time for any reason.
13. All matters relating to these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Service shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the City of Boston and County of Suffolk. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.