1. NO PURCHASE NECESSARY. PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING.
2. Description of the Sweepstakes.
(a) These Official Rules (“Official Rules”) govern the Predicto Mobile 2012-2013
Sweepstakes (the "Sweepstakes") which is sponsored by
SendMe, Inc (“SendMe”, “we” or “us”). The Sweepstakes
begins on August 1, 2012 at 12:00:01 AM ET and ends on July 31, 2013 at
11:59:59 PM ET (the "Promotion Period").
The Sweepstakes consists of twelve (12) monthly drawings, one for each “Monthly
Promotion Period” (as defined below); and one (1) promotion-end grand prize
("Grand Prize") random drawing. The entry dates for each
Monthly Drawing and the Grand Prize Drawing are set forth in attached Schedule
For purposes of these rules, a month is defined as the first 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 (each a "Monthly Promotion
The Sweepstakes is open to legal residents of the United States, the District
of Columbia and Puerto Rico who are at least 13 years old when they enter; 18
years old for Florida residents. Any entrant who is less than the age of majority
(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, and their immediate families (and those living in the same households
of each) 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. (a) There are two means of entering the Sweepstakes which are described
below: a “Mobile Entry” and a “Web Entry.”
Mobile Entry. A Mobile Entry is where a “Premium Member” or a “Mobile
Basic Member” (as those terms are defined in the Predicto Member Terms (“Member
Terms”) ; 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
(limit one (1) Entry per Survey response) or by taking such other action as we
may specify from time-to-time such as filling in a personal profile, answering
a customer satisfaction survey, or using a new feature. Upon joining, Mobile
Members also get one (1) automatic Entry into each of the Drawings for the
Monthly Promotion Periods subsequent to the date they join and an Entry into
the Grand Prize Drawing. Message and data rates may apply in addition to any
premium subscription rates. All charges will be billed on a Premium Member’s
wireless phone bill or deducted from his/her prepaid balance. The text
messaging method of entry is currently designed to work with Alltel, AT&T
Wireless, Nextel, Sprint, T-Mobile, Verizon Wireless and such other wireless
carriers as PredictoMobile may support at any given time. We make no guarantee that
any particular wireless service provider will participate or continue to be a
participating carrier. Entering by the Mobile Entry method will not improve a
person’s chances of winning.
Web Entry. A Web Entry is where an individual registers as a no-cost “Web
Basic Member” (as that term is defined in the Member Terms) and votes on a
Survey (limit one (1) Entry per Survey response) or completes such other
no-incremental-cost action as we may specify from time-to-time (i.e. fill in
your personal profile, answer our customer satisfaction survey, use a new
feature, etc.). Upon registering Web Basic Members also get an Entry into each
of the Drawings for the Monthly and Quarterly Promotion Periods subsequent to
the date of registration and an Entry into the Grand Prize Drawing.
(c) Grand Prize Key
The “Grand Prize Key” is a two
digit number in the range of 00 to 99 which is used to determine if an Entry
selected for the Grand Prize Drawing has won the Grand Prize. For Mobile Members,
the Grand Prize Key is the last two digits of the mobile number used to
register for a Premium Membership or a Mobile Basic Membership. Web Basic
Members must select a two-digit Grand Prize Key when they become a Web Basic
Member and will also be required to provide a valid email address for
notification purposes. Web Basic Members may view their Grand Prize Key on the
MyProfile page of the Website; once assigned, Grand Prize Keys may not be
changed. The Grand Prize Key will be used to determine if the Grand Prize has
been won once a Grand Prize Finalist (as that term is defined below in Rule
4(b)) has been selected.
(d) You may only participate in
the Sweepstakes as a Premium Member, Mobile Basic Member, or a Web Basic
Member. A Member that changes his/her status from Premium to Mobile Basic or Web
Basic or vice versa, maintains all previous Entries created to date.
4. Drawings: Selection of
(a) Monthly Drawing. Each
time a Mobile Member or a Web Basic Member responds to a Survey during a
Monthly Promotion Period, he/she will automatically be granted a Mobile or a
Web Entry and be entered into the Monthly Drawing associated with that Monthly
Promotion Period in accordance with attached Schedule 1. Monthly drawings will
be conducted approximately three (3) business days after the close of each Monthly
Promotion Period as set forth in attached Schedule 1. Non-winning monthly Entries
will not be rolled over into subsequent Monthly Drawings.
IF YOU FAIL TO COMPLETE AT LEAST
ONE MOBILE OR WEB ENTRY FOR ANY MONTHLY PROMOTION PERIOD OR WHERE WE DID NOT
RECEIVE YOUR ENTRY FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR THE
APPLICABLE MONTHLY DRAWING.
(b) Grand Prize Drawing. SCA will randomly
pre-select one (1) set of three (3) digit numbers from the range of 000-999 ( the “Grand
Prize Number”) at the beginning of the Promotion Period. On or about
August 03, 2013, one (1) Entry (“Grand Prize Finalist”) will be selected
via a random drawing from among all eligible Entries received throughout the
entire Promotion Period. If the Grand Prize Key of the Grand Prize Finalist
(as determined in accordance with Rule 3(c) matches the Grand Prize Number exactly
and in order, the Grand Prize Finalist will win the Grand Prize and will be the
“Grand Prize Winner” subject to compliance with the provisions of Rule
5(c) below. If the Grand Prize Key does not match the Grand Prize Number exactly
and in order, there will be no winner of the Grand Prize. There is no guarantee
that the Grand Prize will be awarded.
IF YOU FAIL TO COMPLETE AT LEAST
ONE MOBILE OR WEB ENTRY DURING THE PROMOTION PERIOD OR WHERE WE DID NOT RECEIVE
YOUR ENTRY FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR THE GRAND PRIZE
(c) Odds of Winning. Odds of
winning a monthly prize will depend on the number of eligible Entries received.
Odds of being selected as the Grand Prize Finalist will depend on the number of
eligible entries received during the entire Promotion Period. Odds of a Grand
Prize Finalist with a Grand Prize Key winning the Grand Prize are 1 in 1000.
5. Prizes. (a) Monthly Prizes. The Monthly Prizes are $100 cash. Winners must
comply with these Official Rules to qualify for the Grand Prize.
(b) Grand Prize. The Grand
Prize is $50,000 cash. Winners must comply with these Official Rules to
qualify for the Grand Prize.
(c) Contacting Winners;
Conditions Applicable to Prizes. We will notify winners by text
messaging, e-mail, regular mail or phone using contact information provided
with registration or entry; in some cases winners will be required to execute
an affidavit of eligibility and a liability/publicity release that must be
returned within ten (10) days from the notification date. For any prizes valued
at less than $600, we may notify winners using only text messaging or e-mail. If
a winner is a minor (as determined based on his or her state of residence), the
winner's parent/legal guardian must sign any required documents on the minor
winner’s behalf. If the potential winner cannot be contacted within five (5) days
of the first contact attempt or if a contacted winner fails to sign and return
the affidavit of eligibility and liability/publicity release within ten (10)
days of receipt, the potential winner may be disqualified and an alternate
winner may be selected. Monthly winners who participate via Mobile Entry will
generally be notified by text message which will contain a claim code. Monthly
winners who participate via Web Entry will generally be contacted via e-mail
which will contain a claim code. These winners can claim their prize by
entering the claim code on the online claim form available at www.predicto.com/claim. If a Monthly winner does
not claim his/her prize within time periods specified above, we may, in our
sole discretion, attempt to contact up to five (5) potential alternate winners
in accordance with the above procedure, after which the prize may go unawarded
if it remains unclaimed. If there’s a dispute regarding the individual who
actually submitted a Mobile Entry or a Web Entry, the Mobile Entry or Web
Entry, as the case may be, will be deemed submitted by the authorized account
holder of the wireless account or email 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
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 that event, we reserve the right to award the
applicable monthly prize in a random drawing from among all eligible entries
received up to the time of the impairment and conduct the Grand Prize drawing
in accordance with Rule 4(b) above from among all entries received at the time
of termination. 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 mobile telephone number submitted when the Premium Member signed-up
or for a Basic Member, the person who owns and/or controls the email account
used to register for the Basic Membership.
By accepting any prize, winner agrees to release and hold harmless SCA and Sponsor
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 in
the State of Tennessee and 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.
Sponsor and SCA 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, 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.
The dispute provisions set forth in the Member Terms shall apply.
YOU AND WE ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THIS DISPUTE SECTION, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT BROUGHT AGAINST US.
10. Data Collection.
We collect personal information from you when you enter the Sweepstakes. The
11. Winner's List/Official Rules.
Any legally required list of winners may be obtained by sending a
self-addressed stamped envelope to " Predicto 2012-2013 $50,000
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: Snak Media, LLC 150 Spear, 14th floor, San Francisco, CA 94105.
SendMe, Inc, 150 Spear, Suite 1400, San Francisco, CA 94105.
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.