The PredictoMobile Fast Prize-V Sweepstakes
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE
WILL NOT INCREASE THE ODDS OF WINNING.
PROMOTION
DESCRIPTION: The PredictoMobile FastPrize-IV Sweepstakes (the "Sweepstakes")
begins on or about April 1, 2009 at 12:01 a.m. Eastern Time ("ET")
and ends on July 31, 2009 at 11:59 p.m. ET (the "Promotion Period").
The Sweepstakes consists of thirty-one (31) separate random drawings (each
a "Drawing" and collectively, the "Drawings").
To be eligible for a specific Drawing, you must enter by the date specified
on the chart below. Entry in the Sweepstakes does not constitute entry into
any other promotion, contest or sweepstakes. By participating in the Sweepstakes,
each entrant unconditionally accepts and agrees to comply with and abide by
these PredictoMobile FastPrize-IV Sweepstakes Official Sweepstakes Rules ("Official
Sweepstakes Rules") and the decisions of PredictoMobile, LLC, One
Bridge Plaza, Suite
275, Fort Lee, NJ
07024 ("Sponsor"), which shall
be final and binding in all respects. Participants wishing to obtain a copy
of these Official Sweepstakes Rules may request a printed copy of same by
writing to: PredictoMobile – FastPrize-IV Sweepstakes, SCA Promotions, 3030 Lyndon B. Johnson Frwy., Suite 300 Dallas, TX 75234.
ELIGIBILITY: Only legal U.S. residents and residents of the District of Columbia who are thirteen (13) years
of age or older are eligible to enter. Any entrant who is under eighteen (18)
years of age (a "minor") must have his or her parent or legal
guardian's permission to enter. A minor entrant may be required to provide
proof of parental consent in form and substance suitable to Sponsor, in Sponsor's
sole discretion, in order to be confirmed as a prize winner. This Sweepstakes
is void in Puerto Rico and where otherwise prohibited
by law. Sponsor, SCA Promotions, Inc. ("SCA"), their respective
parents, subsidiaries, affiliates, distributors, retailers, sales representatives,
advertising and promotion agencies and each of their respective officers,
directors and employees (collectively, the "Promotion Entities")
and the immediate family members, and/or those living in the same household
of each, are ineligible to enter the Sweepstakes or win a prize. Except as
contemplated in these Official Sweepstakes Rules, personal information collected
in connection with the Sweepstakes will be used in accordance with the privacy
policy ("Privacy Policy") found on the Website (as defined
below). All federal, state and local laws, rules and regulations apply.
HOW TO ENTER:
Where you are a registered Premium member of Sponsor as defined in Sponsor's
Member Terms agreement ("Member"), you may enter a Drawing
by voting via your mobile telephone in the survey associated with such Drawing.
Surveys are listed at www.predictomobile.com (the
"Website") and will be sent via text message during the Promotion
Period to Members who have subscribed to receive surveys during the Promotion
Period. You may receive several text messages in response to your vote, including
a message confirming your entry, legal disclaimers and options to receive
future promotional text messages from Sponsor. Mobile telephone and/or text
message services may not be available in all areas. The text message method
of entry is designed to work with most of the major wireless carriers in the
United States,
but Sponsor makes no guarantee that any particular wireless service provider
will be compatible with participation in the Sweepstakes. The mobile phone
that is used must be capable of sending and receiving text messages. Entrants
should check their phone's features to see if they have that capability. Message
and data rates may apply to all text messages sent and received. Entrants
should consult their wireless service provider's pricing plan for details.
Entrants will incur text messaging charges in connection with attempted entries,
corresponding error messages, if any, responses to your vote (including confirmation
messages), legal disclaimers and promotional messages from Sponsor. This will
occur even if the attempted entry does not go through because the cap on the
number of text message entries has been reached or because connectivity or
other problems are experienced. Members are solely responsible for all fees
and taxes incurred through their wireless telephone service, for text messages
or otherwise, associated with participation in the Sweepstakes. Sponsor Memberships
are subject to separate Member Terms located at the Website. In case of a
conflict between the Member Terms, Privacy Policy or these Official Sweepstakes
Rules, as they pertain to the Sweepstakes, these Official Sweepstakes Rules
shall take precedence.
Limit one
(1) entry per person per Drawing. Sponsor shall not be responsible for incorrect
or inaccurate entry information whether caused by any of the equipment associated
with or utilized in the Sweepstakes or by any technical or human error which
may occur in the processing of the entries in the Sweepstakes. The Promotion
Entities assume no responsibility or liability for any error, omission, interruption,
deletion, theft or destruction, or unauthorized access to, or alteration of
entries. In the event of a dispute regarding the individual who actually submitted
a wireless entry, the entry will be deemed submitted by the authorized account
holder of the wireless account supplied at the time of entry. The potential
winner may be required to provide Sponsor with proof that he/she is the authorized
account holder of the wireless account associated with the winning entry.
If a dispute cannot be resolved to Sponsor's satisfaction, the affected entry
will be deemed ineligible.
NO PURCHASE
NECESSARY TO ENTER THE SWEEPSTAKES. YOU CAN PARTICIPATE IN THE SWEEPSTAKES
AT ANY TIME WITHOUT PURCHASE BY COMPLETING A MAIL-IN ENTRY AS SET FORTH BELOW. PURCHASE AND/OR SIGNING UP FOR A SPONSOR MEMBERSHIP AT
THE WEBSITE WILL NOT INCREASE YOUR ODDS OF WINNING A PRIZE.
IF YOU FAIL
TO COMPLETE A TEXT MESSAGE SURVEY FOR ANY DRAWING INCLUDING, WITHOUT LIMITATION,
WHERE WE DID NOT RECEIVE YOUR TEXT MESSAGE FOR ANY REASON WHATSOEVER, YOU
WILL NOT QUALIFY FOR THE APPLICABLE DRAWING.
You may enter
a Drawing without being a Member by hand printing in ink on a 3" x 5"
postcard your full name, complete home address and zip code, home telephone
number and area code (if available), date of birth, e-mail address (if any),
and the Drawing number of the Drawing you wish to enter (collectively, "Mail-In
Data"). You must also indicate the Drawing number (as indicated in
the chart below) for the Drawing you are entering in the lower left hand corner
of the front of your outer mailing envelope. Mail this completed card in a
first-class stamped envelope to: PredictoMobile – FastPrize-IV Sweepstakes,
SCA Promotions, 3030 Lyndon B. Johnson Frwy., Suite 300 Dallas, TX 75234. No metered mail will be accepted.
All mail-in entries must be postmarked by and received by the date indicated
in the chart below corresponding to the Drawing in which you are entering.
No copies, facsimiles or mechanical reproductions will be accepted. Your entry
will be pooled with all other entries into the applicable Drawing. You will
be notified via certified mail and/or e-mail, where available, if you are
a winner. Limit one (1) entry per outer mailing envelope. Any improperly
submitted mail-in entries [i.e. any envelope or postcard containing more than
one (1) entry or having invalid or incomplete Mail-In Data] will be VOID.
Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected,
illegible, damaged or postage due entries or mail. Entries will be accepted
every day, excluding Sundays and legal holidays which, for the purposes of
this Sweepstakes, shall include Labor Day.
By entering
the Sweepstakes, you authorize Sponsor to contact you via Sponsor's choice
of SMS text messaging, email, telephone and/or postal mail, regardless of
whether or not you have opted-out to receive further communications from Sponsor,
for the sole purpose of notifying you if you are a winner.
IF YOU FAIL
TO COMPLETE A MAIL-IN ENTRY FOR ANY DRAWING INCLUDING, WITHOUT LIMITATION,
WHERE WE DID NOT RECEIVE YOUR MAIL-IN ENTRY FOR ANY REASON WHATSOEVER, YOU
WILL NOT QUALIFY FOR THE APPLICABLE DRAWING.
DRAWINGS/DATES:
Drawing #
Survey Start
Survey End
Mail-In Postmark
Mail-In Received
Drawing Date:
Contest ID
(12:01 AM ET)
(11:59 PM ET)
on or before:
on or before:
1
124
4/1
4/29
4/30
5/4
5/7
2
125
4/2
5/14
5/15
5/19
5/22
3
126
4/3
4/10
4/11
4/15
4/20
4
127
4/6
5/4
5/5
5/11
5/14
5
128
4/7
5/19
5/20
5/25
5/28
6
129
4/10
4/17
4/18
4/22
4/27
7
130
4/17
4/24
4/25
4/29
5/4
8
131
4/24
5/1
5/2
5/6
5/11
9
132
4/29
5/27
5/28
6/1
6/4
10
133
5/1
5/8
5/9
5/13
5/18
11
134
5/4
6/1
6/2
6/8
6/11
12
135
5/8
5/15
5/16
5/20
5/25
13
136
5/14
6/25
6/26
6/30
7/7
14
137
5/15
5/22
5/23
5/27
6/1
15
138
5/19
6/30
7/1
7/7
7/10
16
139
5/22
5/29
5/30
6/3
6/8
17
140
5/27
6/24
6/25
6/29
7/2
18
141
5/29
6/5
6/6
6/10
6/15
19
142
6/1
6/29
6/30
7/7
7/10
20
143
6/5
6/12
6/13
6/17
6/22
21
144
6/12
6/19
6/20
6/24
6/29
22
145
6/19
6/26
6/27
7/1
7/7
23
146
6/24
7/31
8/1
8/6
8/10
24
147
6/25
7/31
8/1
8/6
8/10
25
148
6/26
7/3
7/7
7/8
7/13
26
149
6/29
7/31
8/1
8/6
8/10
27
150
6/30
7/31
8/1
8/6
8/10
28
151
7/3
7/10
7/11
7/15
7/20
29
152
7/10
7/17
7/18
7/22
7/27
30
153
7/17
7/24
7/25
7/29
8/3
31
154
7/24
7/31
8/1
8/6
8/10
WINNER SELECTION
AND NOTIFICATION: On the drawing dates indicated above, the prize winner(s)
will be randomly selected by SCA from all eligible entries received for that
specific Drawing. The potential prize winner(s) will be notified by telephone,
U.S. mail, SMS text
message and/or e-mail, using contact information provided or collected at
the time of entry. Limit one (1) prize per person per Drawing. Sponsor shall
have no liability for any winner notification that is lost, intercepted or
not received by a potential winner for any reason. Potential winners who entered
via the text message method of entry will be notified by text message via
their registered wireless telephone number. If, despite reasonable efforts,
a potential winner does not respond within ten (10) days of the first notification
attempt, or if the prize or prize notification is returned as unclaimed or
undeliverable to such potential winner, such potential winner will forfeit
his or her prize and an alternate winner may be selected. Where such forfeiture
has occurred, Sponsor, in its sole discretion, will attempt to contact up
to three (3) potential alternate winners of a prize selected by SCA in accordance
with the above procedure, after which the prize in question may go unawarded
if it remains unclaimed. Prize winners may be required to provide picture
proof of identification, which may include a driver's license, passport, voting
card or similar government issued identification, and proof that they are
the individual associated with the winning entry. In no case shall Sponsor
be liable in any manner where a winner has not received notification sent
from Sponsor or where Sponsor fails to receive a response from the winner
within the required response period. The winning Mail-In Data or mobile telephone
number, depending on the method of entry, as well as the associated information
of the winner, must identically match the records maintained by SCA and Sponsor
in order for a prize to be awarded. In the event of a dispute, the information
maintained by SCA and Sponsor will govern. Entries will be deemed made by
the person under whose name the entry was registered, regardless of who actually
submitted the entry. Be sure to use your correct name and your own e-mail
address or mobile telephone number, as applicable. If any potential prize
winner is found to be ineligible, or if he or she has not complied with these
Official Sweepstakes Rules or declines the prize for any reason prior to award,
such potential prize winner will be disqualified and an alternate prize winner
may be selected.
ODDS OF WINING:
The odds of winning a Drawing depend on the number of eligible entries received
for that Drawing.
PRIZES/APPROXIMATE
RETAIL VALUES:
NEW Contest
Prize
Winners
Approximate Retail Value
124
$100
Food Network Gift Card
5
$100
125
iPod
Shuffle VO 4 Gb ($80)
6
$80
126
Sony
Bravia TV $299
2
$299
127
$250
Groceries Card of Choice
2
$250
128
$500
Visa Card
1
$500
129
Nintendo
DS ($199)
3
$199
130
Sony
PSP ($199)
3
$199
131
Xbox
360 ($250/appx)
2
$250
132
$100
Walmart Card
5
$100
133
Flip
Camera ($150)
4
$150
134
$250
Visa Card
2
$250
135
Nintendo
Wii/FIT $275
2
$275
136
$250
Groceries Card of Choice
2
$250
137
iBoo
Speaker w/ Ipod $99
5
$99
138
$100
Walmart Card
5
$100
139
iPod
Nano 1 Gb ($150)
4
$150
140
Flip
Camera ($150)
3
$150
141
Acer
Aspire Laptop $259
2
$259
142
$100
Food Network Gift Card
5
$100
143
iPod
Touch 16 Gb ($299)
2
$299
144
Nikon
Cool Pix Digital Camera ($150)
3
$150
145
Nintendo
DS $150
3
$150
146
$100
Target Card
5
$100
147
$100
MLB Card
5
$100
148
Nintendo
Wii/FIT $275
2
$100
149
iBoo
Speaker w/ Ipod $99
5
$99
150
$250
Visa Card
2
$250
151
Philips
Portable DVD player ($100)
5
$100
152
Sony
Bravia TV $299
2
$299
153
Sony
PSP ($199)
3
$199
154
Xbox
360 ($250/appx)
2
$250
No cash alternative
or prize substitutions will be allowed, except that Sponsor reserves the right
to substitute a prize of comparable value if a prize listed is unavailable
for any reason. The approximate retail values ("ARV") of any electronic
prize is subject to price fluctuations in the consumer marketplace based on,
among other things, any gap in time between the date the ARV is estimated
for purposes of these Official Sweepstakes Rules and the date that the prize
is awarded or redeemed. If the actual purchase price of an electronic prize
is less than the ARV stated herein, the prize winner will NOT be entitled
to a check, cash or other form of payment for the price difference. The prizes
will be delivered only to addresses in the
United State; provided, however, that certain
gift card prizes may be delivered by e-mail address where available. Gift
card prizes are subject to the terms and conditions imposed by gift card issuer.
Foot Locker®, Gamefly®, iPod®, Nintendo® Wii, PSP®, Philips®, Target®, Ticketmaster®,
Visa®, Wal Mart®, Sony®, iBoo®, Nikon®, Acer®, Flip®, Food Network®, and XBox®,
are registered trademarks of the respective corporate entities associated
therewith ("Corporate Entities"). The Sweepstakes is not
affiliated with or endorsed by any of the Corporate Entities.
GENERAL PRIZE
CONDITIONS: Prize winner(s) shall be solely responsible for all federal, state
and/or local taxes, and the reporting consequences thereof, and for any other
fees or costs associated with the applicable prize. Any potential prize winner
may be required to execute an Affidavit of Eligibility, a Liability Release,
and (where imposing such condition is legal) a Publicity Release (collectively,
"Prize Claim Documents"). If a potential winner is a minor,
at Sponsor's option, the applicable prize either will be awarded in the name
of parent or legal guardian of such winner or potential winner, or parent
or legal guardian of winner will be required to ratify and sign the Prize
Claim Documents on the winner's behalf. If winner (or, in the case of a minor,
such winner's parent or legal guardian) fails or refuses to sign and return
all Prize Claim Documents within ten (10) days of prize notification (or a
shorter time if required by exigencies), winner may be disqualified and an
alternate winner may be selected.
Sponsor makes
no warranties, and hereby disclaims any and all warranties, express or implied,
concerning any prize furnished by third parties in connection with the Sweepstakes.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND/OR NON-INFRINGEMENT.
PUBLICATION/GENERAL
LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes prize winner's
permission for Sponsor to use prize winner's name, photograph, likeness, voice,
biographical information, statements and address (city and state) for advertising
and/or publicity purposes worldwide and in all forms of media now known or
hereafter developed, in perpetuity, without further compensation unless prohibited
by law. Entrants (or if minors, their parents or legal guardians) agree that
the Promotion Entities: (a) shall not be responsible or liable for, and are
hereby released from, any and all costs, injuries, losses or damages of any
kind including, without limitation, death and bodily injury, due in whole
or in part, directly or indirectly, to participation in the Sweepstakes or
any Sweepstakes-related activity, or from entrants' acceptance, receipt, possession
and/or use or misuse of any prize; and (b) have not made any warranty, representation
or guarantee express or implied, in fact or in law, with respect to any prize
including, without limitation, to such prize's quality or fitness for a particular
purpose. Neither Sponsor nor SCA assumes any responsibility for any damage
to an entrant's or any other person's computer system or wireless phone which
is occasioned by accessing the Website or otherwise participating in the Sweepstakes,
or for any computer system, phone line, hardware, software or program malfunctions,
or other errors, failures, delayed computer transmissions or network connections
that are human or technical in nature. Without limiting the generality of
the foregoing, neither Sponsor nor SCA are responsible for: (i) incomplete,
illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due
submissions or prize notifications; (ii) lost, interrupted, inaccessible or
unavailable networks, servers, satellites, Internet service providers, websites
or other connections; (iii) miscommunications, failed, jumbled, scrambled,
delayed or misdirected computer, telephone or cable transmissions; (iv) any
technical malfunctions, failures, difficulties or other errors of any kind
or nature; (v) the incorrect or inaccurate capture of information; or (vi)
failure to capture any information. Sponsor reserves the right in its sole
discretion to disqualify any individual who is found to be tampering with
the entry process or the operation of the Sweepstakes or the Website, to be
acting in violation of these Official Sweepstakes Rules, or to be acting in
an unsportsmanlike or disruptive manner, or with the intent to disrupt or
undermine the legitimate operation of the Sweepstakes, or to annoy, abuse,
threaten or harass any other person, and Sponsor reserves the right to seek
damages and other remedies from any such person to the fullest extent permitted
by law. No mechanically reproduced, illegible, incomplete, forged, software-generated
or other automated multiple entries will be accepted. Sponsor reserves the
right to modify, extend, suspend or terminate the Sweepstakes if it determines,
in its sole discretion, that the Sweepstakes is technically impaired or corrupted
or that fraud or technical problems, failures or malfunctions or other causes
beyond Sponsor's control have destroyed or severely undermined or to any degree
impaired the integrity, administration, security, proper play and/or feasibility
of the Sweepstakes as contemplated herein. In the event that Sponsor is prevented
from awarding prizes or continuing with the Sweepstakes as contemplated herein
by any event beyond its control including, but not limited to, fire, flood,
natural or man-made epidemic of health of other means, earthquake, explosion,
labor dispute or strike, act of God or public enemy, satellite or equipment
failure, riot or civil disturbance, terrorist threat or activity, war (declared
or undeclared) or any federal, state or local government law, order, or regulation,
public health crisis (e.g., SARS), order of any court or jurisdiction, or
other cause not reasonably within Sponsor's control (each a "Force
Majeure" event or occurrence), then subject to any governmental approval
which may be required, Sponsor shall have the right to modify, suspend or
terminate the Sweepstakes. If the Sweepstakes is terminated before the designated
end date, Sponsor will (if possible) select winner(s) in a random drawing
from all eligible, non-suspect entries received as of the date of the event
giving rise to the termination. Inclusion in such drawing shall be each entrant's
sole and exclusive remedy under such circumstances. These Official Sweepstakes
Rules cannot be modified or amended in any way except in a written document
issued by a duly authorized representative of Sponsor. The invalidity or unenforceability
of any provision of these Official Sweepstakes Rules shall not affect the
validity or enforceability of any other provision. In the event that any provision
is determined to be invalid or otherwise unenforceable or illegal, these Official
Sweepstakes Rules shall otherwise remain in effect and shall be construed
in accordance with their terms as if the invalid or illegal provision were
not contained herein.
INDEMNIFICATION: You agree to release,
indemnify and hold the Promotion Entities harmless from and against any and
all claims, expenses (including reasonable attorneys' fees, costs and settlement
costs), damages, suits, costs, demands and/or judgments whatsoever, made by
any third party due to or arising out of: (a) your use of the Sweepstakes
and/or the Website; (b) your breach of these Official Sweepstakes Rules; and/or
(c) your violation of any rights of another individual and/or entity. The
provisions of this paragraph are for the benefit of the Promotion Entities.
Each of these individuals and entities shall have the right to assert and
enforce these provisions directly against you on its own behalf.
GOVERNING
LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY,
INTERPRETATION AND/OR ENFORCEABILITY OF THESE OFFICIAL SWEEPSTAKES RULES OR
THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES
SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF
THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT
OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S
LAWS. SHOULD A DISPUTE ARISE CONCERNING THE SWEEPSTAKES, ALL PARTIES AGREE
TO SUBMIT THEIR DISPUTE FOR RESOLUTION TO THE STATE AND FEDERAL COURTS RESIDING
IN NEW YORK. AS A CONDITION OF ENTERING
THE SWEEPSTAKES, YOU AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED
WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED IN CONNECTION THEREWITH, SHALL
BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
SEVERABILITY: Should any part of these
Official Sweepstakes Rules be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions
shall remain in full force and effect.
INDEPENDENT
THIRD PARTY. SCA is not involved in marketing the Sweepstakes. SCA is not the
Sponsor of the Sweepstakes and will not respond to any inquiries. SCA is responsible
for selecting the winning entries associated with the prizes.
WINNER'S
LIST/OFFICIAL SWEEPSTAKES RULES: Any legally required list of winners may be obtained
by sending an email with Subject Line: "The PredictoMobile Fast Prize-IV
Sweepstakes Winner List Request," to WinnerListRequests@scapromo.com.
All such requests must be received within six (6) weeks after the end of the
Promotion Period. These Official Sweepstakes Rules will be posted on the Website.
LEGAL WARNING:
Any attempt by any individual, whether or not an entrant, to damage, destroy,
tamper with or vandalize the Website, or otherwise interfere with the operation
of the Sweepstakes, is a violation of criminal and civil law and Sponsor will
diligently pursue any and all remedies in this regard against any offending
individual or entity to the fullest extent permissible by law and in equity.
NO
PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1.
Description of the Sweepstakes.
(a) These
Official Rules (“Official Rules”) govern two (2) distinct sweepstakes
sponsored by PredictoMobile LLC (“Sponsor,” “we” or “us”):
a) The PredictoMobile 2009-2010 $50,000 Giveaway (“2009-2010 Sweepstakes”);
and b) The Fast-Prize VI, VII, VIII and IX Sweepstakes (collectively “Fast-Prize
Sweepstakes”). (The 2009-2010 Sweepstakes and the Fast-Prize Sweepstakes
are collectively referred to as the “Sweepstakes.”)
(b) The 2009-2010
Sweepstakes consists of twelve (12) monthly random drawings, four (4) quarterly
drawings, and one (1) promotion-end grand prize ("Grand Prize")
random drawing (each, including the drawings for the Fast-Prize Sweepstakes
drawings, as described below, a "Drawing" and collectively
with the Fast-Prize VI Drawings, the "Drawings"). For purposes
of these rules, a “month” is defined as the 1st day of a calendar month at
12:00:01 AM Eastern Time ("ET") through the last day of the
same calendar month at 11:59:59 PM ET ("Monthly Promotion Period").
For purposes of these rules, a quarter is defined as a three month period
beginning on one of August 1, 2009, November 1, 2009, February 1, 2010, or May
1, 2010 at 12:00:01 AM ET and ending on October 31, 2009, January 31, 2010, April
30, 2010, or July 31, 2010, respectively, at 11:59:59 PM ET (each a “Quarterly
Promotion Period”). The 2009-2010 Sweepstakes begins on August 1, 2009 at
12:00:01 AM ET and ends on July 31, 2010 at 11:59:59 PM ET (the "Promotion
Period").
(c) The Fast-Prize Sweepstakes consists of four (4) sets of drawings, one for each
Quarterly Promotion Period. Each set of drawings consists of twenty four (24) separate Drawings
and prizes, though we reserve the right to adjust the number of Drawings for each set.
The entry dates and the prizes for each set of Drawings will be set forth in sequentially
number schedules (each a "Schedule") below. Schedules will be posted at least
30 days prior to each Quarterly Promotion Period for Fast-Prize Sweepstakes.
Each Fast-Prize Drawing is associated with one or more PredictoMobile game surveys
(as further described in the PredictoMobile Terms and Conditions the ("Terms and Conditions")
available at
www.predicto.com/terms.
2.
Eligibility.
The Sweepstakes are open to legal residents of the United States and the District of Columbia
who are at least 13 years old when they enter; 18 years old for Florida residents.
Any entrant who is a minor in his/her state of residence may have to provide parental consent
acceptable to us to participate in the Sweepstakes or be confirmed as a prize winner.
Employees, officers and directors of Sponsor, SCA Promotions, Inc. ("SCA"), each of
their legal representatives, and each of their respective affiliates, parents, subsidiaries,
advertising, promotional, fulfillment and marketing agencies (collectively,
the "Sweepstakes Entities"), their immediate families (and those living in the same
households whether related or not) are not eligible to enter the Sweepstakes.
By participating, you agree to abide by these Official Rules and by our decisions and those of SCA,
which are final and binding in all respects.
3. How to Participate; Number of Entries.
(a)Two Means of Entry. There are two
means of entering a Drawing (each an “Entry”): a “Mobile Participation
Entry” and a “Write-In Entry” (described in Rule 3(d) below). A Mobile
Participation Entry is where a Premium Member or a Mobile Basic Member (as
those terms are defined in the Terms and Conditions; collectively, Premium and
Mobile Basic Members are referred to as “Mobile Members”) is
automatically entered into one or more Drawings as a result of voting via text
messaging on a survey associated with a Drawing (each, a “Survey”) or by
taking such other action as we may specify such as filling in a personal
profile, answering a customer satisfaction survey, or using a new feature.
(b) Entering FastPrize Drawings. FastPrize Drawings are Drawings
where a non-cash prize is specified and tied to one or more specific Surveys (a
“FastPrize Survey”). Each time a Mobile Member votes on a FastPrize
Survey, the Mobile Member gets a single entry into the associated FastPrize
Drawing. You can also enter a FastPrize Drawing by a Write-In Entry. Entering
a FastPrize Drawing by any method of entry does not enter you into the
2009-2010 Sweepstakes.
(c)Entering 2009-2010 Sweepstakes Drawings.
Surveys that are not tied to a FastPrize Drawing are by default tied to the 2009-2010
Sweepstakes (a”2009-2010 Sweepstakes Survey”). Each Mobile Participation
Entry in a 2009-2010 Sweepstakes Survey automatically enters the Mobile Member into
the current Monthly and Quarterly Drawings when the Member’s Mobile
Participation Entry is received and gives the Mobile Member an entry into the Grand
Prize Drawing.
(d) Write-In Method of Entry. To enter a Fast Prize
or a 2009-2010 Sweepstakes Drawing at no cost by means of a Write-In Entry,
print your name, address, telephone phone number, e-mail address (if any), and
the Contest ID of the Drawing you wish to enter on a 3-1/2” x 5-1/2” card and
mail to:
Predicto c/o SCA Promotions, Inc. 3030 LBJ FRWY, Suite 300 Dallas, TX 75234-2753
(“Write-In
Entry”). Only one Write-In Entry is permitted per stamped outer envelope; outer
envelope must be marked in the lower left corner with “AMOE” and the
Contest ID of the Drawing you wish to enter, for example “AMOE-9.” All Write-In
Entries must be postmarked and received by the dates listed in the tables below
or in the applicable Schedule, as the case may be.
Entry by mail for a FastPrize Sweepstakes Drawing does not automatically enter you
in any other Drawing. Entry by mail for a 2009-2010 Sweepstakes Drawing automatically enters
you into the applicable Monthly, Quarterly and Grand Prize Drawings.
(e) Limits and Obtaining Additional Entries.
Mobile Members may only vote once per Survey.
Limit one thousand (1,000) entries per Drawing per day regardless of method of entry.
If you wish to enter a Drawing more than once, your additional entries must be by mail in
the manner described above. You do not need to be a Predicto Member to enter a
Drawing by means of a Write-In Entry.
4. Drawings: Selection of Winners.
(a) Monthly and Quarterly Drawings
Monthly and Quarterly Drawings will be conducted approximately ten
(10) days after the close of each month and each quarter, as the case may be, according
to the schedule below. The Drawings will include all eligible entries received
and all mail-in entries postmarked and received as specified in the table below
for the corresponding Monthly Promotion Period and Quarterly Promotion Period,
as the case may be. Non-winning monthly entries will not be rolled over into
subsequent monthly or quarterly Drawings.
IF YOU FAIL
TO COMPLETE A MOBILE PARTICIPATION OR A MAIL-IN ENTRY FOR ANY MONTHLY OR
QUARTERLY PROMOTION PERIOD OR WHERE WE DID NOT RECEIVE YOUR ENTRY FOR ANY
REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR THE APPLICABLE MONTHLY OR QUARTERLY
PRIZE.
(b) Grand Prize Drawing
On or about April 15, 2010, one (1) entry will be selected via a random drawing
from among all eligible entries received throughout the entire Promotion Period.
The selected entry will win the Grand Prize, subject to verification of
eligibility.
IF YOU FAIL
TO COMPLETE AT LEAST ONE MOBILE PARTICIPATION OR A MAIL-IN ENTRY FOR ANY
MONTHLY OR QUARTERLY PROMOTION PERIOD OR WHERE WE DID NOT RECEIVE YOUR ENTRY FOR
ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR THE GRAND PRIZE.
2009-2010 Sweepstakes Drawing List
and Dates
Contest
ID
Prize
Mobile Participation Entry Due on
or Before
Mail-In Entry Postmarked on or
Before
Mail-in Entry Received on or
Before
Drawing on or About
157
$500 Cash
8/31/2009
9/1/2009
9/8/2009
9/11/2009
158
$500 Cash
9/30/2009
10/1/2009
10/7/2009
10/12/2009
159
$500 Cash
10/31/2009
11/1/2009
11/7/2009
11/11/2009
160
$500 Cash
11/30/2009
12/1/2009
12/8/2009
12/11/2009
161
$500 Cash
12/31/2009
1/2/2010
1/8/2010
1/13/2010
162
$500 Cash
1/31/2010
2/2/2010
2/9/2010
2/12/2010
163
$500 Cash
2/28/2010
3/2/2010
3/9/2010
3/12/2010
164
$500 Cash
3/31/2010
4/1/2010
4/7/2010
4/10/2010
165
$500 Cash
4/30/2010
5/1/2010
5/7/2010
5/12/2010
166
$500 Cash
5/31/2010
6/1/2010
6/8/2010
6/11/2010
167
$500 Cash
6/30/2010
7/1/2010
7/8/2010
7/13/2010
168
$500 Cash
7/31/2010
8/3/2010
8/10/2010
8/13/2010
169
$50,000 Cash
7/31/2010
8/3/2010
8/10/2010
8/13/2010
170
$5,000
10/31/2009
11/02/2009
11/09/2009
11/12/2009
171
$5,000
1/31/2010
2/1/2010
2/08/2010
02/11/2010
172
$5,000
4/30/2010
5/01/2010
05/08/2010
05/11/2010
173
$5,000
7/31/2010
8/2/2010
08/09/2010
8/12/2010
(c) Fast-Prize Drawings
Fast-Prize
Drawings will be conducted approximately ten days after the end date of each Drawing
according to the Schedules below. The Drawings will include all eligible entries
received and all mail-in entries postmarked and received as specified in the applicable
Schedule for the corresponding Drawing. Non-winning entries will not be rolled
over into subsequent Drawings. IF YOU FAIL TO COMPLETE AN ENTRY FOR A FAST-PRIZE
DRAWING, INCLUDING WHERE WE DID NOT RECEIVE YOUR MAIL-IN ENTRY FOR ANY REASON
WHATSOEVER, YOU WILL NOT QUALIFY FOR THE APPLICABLE PRIZE.
(d) Odds of Winning
Odds of winning a monthly prize, quarterly prize,
the Grand Prize or a Fast-Prize prize will depend on the number of eligible
entries received for the applicable Drawing.
5. Prizes. (a) 2009-2010 Sweepstakes
One $50,000 Grand Prize is available, payable by
check in twenty (20) equal annual installments of $2,500, with the first
payment to be made within thirty (30) days of the winner signing an affidavit
of eligibility and liability/publicity release (as described below) and subsequent payments made on
the yearly anniversary of the first payment date. Four Quarterly Prizes are
available, each payable by a $5,000 check. Twelve Monthly Prizes are available,
each payable by a $500 check. We reserve the right to offer alternate non-cash
prizes (ARV: $500) to Monthly Prize winners provided that Monthly Prize winners
will always have the right to accept a $500 check in lieu of any alternate
non-cash prize that we may offer. Winners must comply with these Official Rules
to qualify for a prize.
(b) Fast-Prize Sweepstakes Prizes. The prize for each Fast-Prize
Drawing is set forth in the attached Schedules.
(c) Contacting Winners; Conditions Applicable
to Prizes
We will notify winners by either text messaging, phone, e-mail or regular mail using contact
information provided with registration or entry; winners may be required to execute an
affidavit of eligibility and a liability/publicity release that must be returned within
fifteen (15) days from the date we first attempt to notify a winner
(the 15 day period after we first attempt to notify a potential winner is referred
to as the “Notification Period”). If a winner is a minor, the winner's parent/legal
guardian must sign any required documents on the minor winner’s behalf. If the potential
winner cannot be contacted during the Notification Period or if the potential winner fails
to sign and return the affidavit of eligibility and liability/publicity release by the end
of the Notification Period, the potential winner may be disqualified and an alternate winner
may be selected. FastPrize winners who participate via Mobile Participation Entry will
generally be notified by text message which will contain a claim code. FastPrize Sweepstakes
winners can claim their prize by the online claim form available at www.predicto.com/claim and
entering their claim code. FastPrize Sweepstakes winners who participate via Write-In Entry
will generally be contacted via email with the information noted above. We may, in our sole
discretion, attempt to contact up to five (5) potential winners per prize in accordance with
the above procedure, after which the prize may go unawarded if it remains unclaimed.
If there is a dispute regarding the individual who actually submitted a Mobile Participation Entry,
the Mobile Participation Entry will be deemed submitted by the authorized account holder of the
wireless account supplied at the time of registration. If a dispute cannot be resolved to our
satisfaction, the affected entry will be deemed ineligible. Prizes may not be substituted,
assigned or transferred, except with our permission; we reserve the right to substitute a
prize with another prize of greater or equal value if the offered prize is unavailable.
The approximate retail value ("ARV") of any electronic prize is subject to price
fluctuations in the consumer marketplace based on, among other things, any gap in time
between the date the ARV is estimated for purposes of these Official Sweepstakes Rules and
the date that the prize is awarded or redeemed. If the actual purchase price of an electronic
prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check,
cash or other form of payment for the price difference. Gift card prizes are subject to the
terms and conditions imposed by gift card issuer. The winner is responsible for all applicable
federal, state and local taxes. We will report prize awards to the IRS as required by applicable law.
We make no warranties, and hereby disclaim any and all warranties, express or implied, concerning
any prize furnished by third parties in connection with the Sweepstakes. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR
NON-INFRINGEMENT.
6. General Conditions.
We reserve the right, in our discretion, to cancel, suspend or modify the
Sweepstakes if fraud, technical failures or any other factor impairs the
integrity of the Sweepstakes. In such event, we reserve the right to award the
remaining prizes in a random drawing from among all eligible entries received
up to the time of the impairment in accordance with Rule 4 above throughout the
Promotion Period. We reserve the right in our discretion to disqualify any
individual we find to be tampering with the entry process or the operation of
the Sweepstakes or to be acting in violation of these Official Rules or in an
unsportsmanlike or disruptive manner. Any attempt by any person to deliberately
damage our Website or undermine the legitimate operation of this Sweepstakes
may be a violation of criminal and civil laws and, should such an attempt be
made, Sponsor reserves the right to seek damages from any such person to the
fullest extent permitted by law. Sponsor's failure to enforce any term of these
Official Rules shall not constitute a waiver of that provision. Proof of
sending will not be deemed to be proof of receipt by Sponsor. Use of any
automated program to enter will result in disqualification. If there’s a
dispute, entry information will be declared made by the authorized account
holder of the telephone number submitted at the time of entry, unless entry was
submitted by a mail-in entrant.
7. Release.
By accepting any prize, winner agrees to release and hold harmless the Sweepstakes Entities
from and against any claim or cause of action arising out of participation in
or in connection with the Sweepstakes or receipt or use of any prize. Except
where otherwise prohibited by law, acceptance of a Sweepstakes prize
constitutes winner's consent to our use of winner's name, address, likeness,
voice, and /or quotation for promotional purposes in any media without further
payment or consideration.
8.
Limitations of Liability.
The Sweepstakes Entities shall not be responsible for: (a) incorrect or inaccurate entry
information whether caused by Internet users, by any of the equipment or
programming associated with or utilized in the Sweepstakes or inaccurate
transcription of entry information; (b) lost, late, postage-due, stolen,
incomplete, invalid, unintelligible, illegible, or misdirected entries; (c) any
technical or human error or unauthorized human intervention which may occur in
the processing of Sweepstakes entries or in the administration of the
Sweepstakes; (d) any error, omission, interruption, deletion, theft or
destruction, or unauthorized access to, or alteration of entries; or (e) any
injury or damage to persons or property including to an entrant's computer,
which may be caused, directly or indirectly, in whole or in part, from
entrant's participation in the Sweepstakes or from downloading any material
from our website, regardless of whether we or a third party prepared the
material and regardless of whether the material is connected to our website by
a hypertext link.
9. Disputes.
Entrants agree that: (a) any and all disputes, claims, and causes of action
arising out of or connected with the Sweepstakes or any prizes awarded shall be
resolved via arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the
American Arbitration Association. Any award rendered shall be final and
conclusive to the parties and a judgment thereon may be entered in any court of
competent jurisdiction. Nothing herein shall be construed to preclude any party
from seeking injunctive relief in order to protect its rights pending an
outcome in arbitration. To the extent permitted by law, you agree that you will
not bring, join or participate in any class action lawsuit as to any claim,
dispute or controversy that you may have arising out of or connected with the
Sweepstakes or any prizes awarded thereunder. You agree to a) the entry of
injunctive relief to stop such a lawsuit or to remove you as a participant in
the suit; (b) any and all claims, judgments and awards shall be limited to
actual out-of-pocket costs incurred, including costs associated with entering
the Sweepstakes but in no event attorneys' fees; and (c) under no circumstances
will entrant be permitted to obtain awards for, and entrant hereby waives all
rights to, claim punitive, incidental and consequential damages and any other
damages, other than for actual out-of-pocket expenses, and any and all rights
to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. New York law, without giving effect
to any choice or conflict of law rules, governs all issues and questions
concerning the construction, validity, interpretation and enforceability of
these Official Rules, or the rights and obligations of the entrant or Sponsor
in connection with the Sweepstakes.
10. Data
Collection.
We collect personal information from you when you enter the Sweepstakes. The
information collected is subject to our privacy policy located at www.predicto.com/privacy.
11. Winner's
List/Official Rules.
Any legally required list of winners may be obtained by sending an email with
Subject Line: "The PredictoMobile 2009-2010 Sweepstakes Winner’s List
Request" or "The PredictoMobile Fast- Prize VI (or VII, VIII or IX,
as the case may be) Sweepstakes Winner’s List Request" to WinnerListRequests@scapromo.com
or send a self-addressed stamped envelope to "The PredictoMobile 2009-2010
Sweepstakes Winner’s List Request" or "The PredictoMobile Fast-Prize
VI (or VII, VIII or IX, as the case may be) Sweepstakes Winner’s List
Request" c/o SCA Promotions, Inc., 3030 Lyndon B. Johnson Frwy., Suite
300 Dallas, TX 75234. Contestants may request a printed copy of these Official
Rules by writing to: PredictoMobile, 2009-2010 Sweepstakes, One Bridge Plaza, Suite 275, Fort Lee, NJ 07024.
12. Sponsor.
PredictoMobile LLC, One Bridge Plaza, Suite 275, Fort Lee, NJ 07024.
13. Administrator.
SCA Promotions, Inc., 3030 Lyndon B. Johnson Frwy., Suite 300 Dallas, TX 75234. SCA is not involved in marketing the Sweepstakes and is not the
Sweepstakes sponsor and will not respond to any inquiries. SCA is responsible
for selecting the winning entries associated with the prizes.
Schedule 1
Fast-Prize VI
Drawing Dates and Prizes
Contest
ID
Prize
Mobile Participation Entry Due on
or Before
Mail-In Entry Postmarked on or
Before
Mail-in Entry Received on or
Before
Drawing on or About
174
Kindle
8/7
8/8
8/13
8/17
175
Prepaid
Minutes
8/31
9/1
9/7
9/10
176
Ghostbusters
Video Game
9/15
9/16
9/21
9/24
177
Zappos
Gift Card
9/2
9/3
9/8
9/11
178
Emerilware
Cookware Set
9/17
9/18
9/23
9/28
179
Netbooks
/ MiniLaptops
8/14
8/15
8/20
8/24
180
Sony PSP
Rock Band
8/21
8/22
8/27
8/31
181
Visa Gift
Card
8/28
8/29
9/3
9/7
182
Sony
Bravia
9/4
9/5
9/10
9/14
183
Nintendo
DS
9/28
9/29
10/5
10/8
184
Prepaid
Minutes
10/7
10/8
10/13
10/16
185
Nintendo
Wii
9/18
9/19
9/24
9/28
186
Xbox360
9/25
9/26
10/1
10/5
187
Kindle
10/31
11/2
11/9
11/12
188
Prepaid
Minutes
10/31
11/2
11/9
11/12
189
Emerilware
Cookware Set
10/2
10/3
10/8
10/12
190
Zappos
Gift Card
10/26
10/27
11/2
11/5
191
Visa Gift
Card
10/9
10/10
10/15
10/19
192
Netbooks
/ MiniLaptops
10/31
11/2
11/9
11/12
193
Sony PSP
Rock Band
10/16
10/17
10/22
10/26
194
Visa Gift
Card
10/23
10/24
10/29
11/2
195
Sony
Bravia
10/30
10/31
11/5
11/9
196
Ghostbusters
Video Game
11/6
11/7
11/12
11/16
197
Prepaid
Minutes
9/11
9/12
9/17
9/21
Contest
ID
Prize
Number of Winners
Approximate Retail Value
174
Kindle
1
$350
175
Prepaid
Minutes
10
$50
176
Ghostbusters
Video Game
3
$200
177
Zappos
Gift Card
4
$150
178
Emerilware
Cookware Set
5
$100
179
Netbooks
/ MiniLaptops
2
$300
180
Sony PSP
Rock Band
3
$200
181
Visa Gift
Card
4
$150
182
Sony
Bravia
2
$270
183
Nintendo
DS
3
$200
184
Prepaid
Minutes
10
$50
185
Nintendo
Wii
2
$250
186
Xbox360
3
$200
187
Kindle
1
$350
188
Prepaid
Minutes
10
$50
189
Emerilware
Cookware Set
3
$200
190
Zappos
Gift Card
4
$150
191
Visa Gift
Card
5
$100
192
Netbooks
/ MiniLaptops
2
$300
193
Sony PSP
Rock Band
3
$200
194
Visa Gift
Card
4
$150
195
Sony
Bravia
2
$270
196
Ghostbusters
Video Game
3
$200
197
Prepaid
Minutes
10
$50
Schedule 2
Fast-Prize VII
Drawing Dates and Prizes
This Schedule 2 pertains to the Fast-Prize VII sweepstakes which consists of 22 separate drawings for the prizes indicated below. Fast-Prize VII begins with Mobile Voting Entries from the Trivia Game round that starts at 12:00 AM ET on October 30, 2009 and Mail Entries for each of the drawings received by the dates indicated below and ends with the Trivia Game round that ends on January 30, 2010 at 11:59:59 PM ET and Mail In Entries received by February 3, 2010.
