COMPLETE SET OF RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A purchase or payment will not improve your chances of winning. The “SUBTEXT DOWNLOAD CONTEST” (the “Contest”) starts each calendar month of 2017 with each monthly contest beginning at 12:00 AM CT on the first of the month and ending at 11:59 PM CT on the last day of the month (the “Promotion Period”). Central Time shall control for all purposes of this Contest. The Contest is governed by these Official Rules, and is subject to all applicable U.S. federal, state and local laws, and provincial or territorial laws, and is void wherever prohibited by law.
1. ELIGIBILITY: The Contest is open only to legal residents of the United States and District of Columbia, EXCLUDING RESIDENTS OF GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS, CANADA AND ALL OTHER COUNTRIES, TERRITORIES OR POSSESSIONS, who are at least thirteen (13) years of age or older at the time of entry. Any individuals who have, within one year prior to the start date of the Contest, performed services for Sponsor, or its affiliates and successor companies or any organizations responsible for fulfilling, administering, advertising or promoting the Contest or supplying any prize, and the immediate family and household members of such individuals, are not eligible to enter the Contest or win the prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. Mechanically altered or reproduced entries are not eligible. In order to enter the Contest or receive the prize, you must fully comply with the Official Rules, and by entering you agree to be bound by these Official Rules and the decisions of Sponsors, whose decisions shall be binding and final in all respects, and you certify that you are eligible to enter.
2. HOW TO ENTER: There is one (1) way to enter the Contest during the Entry Period. Each entrant must do all of the following:
(1) Download the SubText App.
(2) Click an icon on the SubText App to invite a person to download the SubText App.
(3) The SubText App will then track each person that downloads the SubText App and was invited by the entrant. Note that for purposes of the monthly contest, the date of download will be utilized and not the invite date. Additionally, each person downloading the SubText App due to an invitation(s) will be assigned to only one entrant. Once assigned, the entrant inviting that person shall receive one chance of winning the current monthly contest. An entrant shall receive one chance per each person assigned to the entrant.
3. WINNER NOTIFICATION: Sponsor shall notify each entrant receiving prizes via the information received by Sponsor and provided by entrant. Monthly winners shall be notified within three (3) days of the end of the applicable month. Winners may be required to sign an Affidavit and any other documentation required by Sponsor. Any winner that has not reached the age of majority in his or her jurisdiction must have a parent or guardian sign a waiver to claim a prize. Failure to sign the waiver will result in forfeiture of the prize.
4. PRIZES: The retail value of the monthly grand prize is $1000.00 (USD) which is in the form of a gift card. The grand prize will be awarded by random drawing to one (1) winner per month during the calendar year 2017. Accordingly, the odds of winning the grand prize are dependent on the number of entries received. One secondary prize with a retail value of $100.00 which is in the form of a gift card will be awarded by random drawing to one (1) winner per month during the calendar year 2017. Accordingly, the odds of winning the secondary prize are dependent on the number of entries received. One tertiary prize with a retail value of $10.00 which is in the form of a gift card will be awarded by random drawing to one (1) winner per month during the calendar year 2017. Accordingly, the odds of winning the tertiary prize are dependent on the number of entries received. Entrants can only win one prize per month. Winners will not receive any additional prize, credit or monetary equivalent for the difference in value between the actual retail value and the average retail value of the prizes. Any depictions of prizes are for illustrative purposes only. All federal, state and local taxes on the prize are the sole responsibility of the winner. No transfer, refund, substitution, or replacement of prizes permitted, except that Sponsor reserves the right, in their sole discretion, to substitute a prize of equal or greater value (or cash equivalent). Average retail value of all prizes is in U.S. dollars. All prizes will be awarded within 60 days of receipt of valid and executed winners’ affidavit or prize confirmation. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted. Once the winner has been qualified and confirmed, Sponsors will send the Prizes by USPS regular mail or UPS delivery or as otherwise determined by the Sponsors to the qualified winners at the addresses given to Sponsors.
5. PUBLICITY RELEASE; USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, entry and/or finalist acceptance of prize constitutes agreement and consent for Sponsor and its successors, assigns, transferees, licensees, and sub-licensees and/or anyone authorized by Sponsor, including the operator of any third party website (Facebook, Google) (and pursuant to any and all terms and conditions of use or guidelines applicable to such site) to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by a winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, syndication, and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, cable, electronic or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. In addition, finalist and entrants will agree to transfer all rights, title, interests, and copyrights, and to waive any and all moral rights, in the entry materials to Sponsor and will execute any such documents as may be necessary to effectuate such a transfer or rights and waiver of moral rights, without further compensation. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation.
Also by entering the Contest, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Contest and awarding the prize. Sponsor is not responsible for disclosures made by any third party. Sponsor uses reasonable commercial efforts to comply with Federal CAN–SPAM law and entrants may subsequently opt-out of receiving further emails by following opt-out instructions provided on Sponsor websites. All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.
6. CONDITIONS/WARRANTIES: Sponsor and its affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries/entry materials that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries/entry materials, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason: or (f) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in their sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any Web sites promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest promotion, including the entire Contest promotion, and/or modify the Contest and/or select finalist(s) to award the prize(s) using all eligible entries received as of the termination date. If the Contest is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of any month of the Promotion Period, notice will be posted on Sponsor websites and/or other electronic media. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the contest or in the announcement of the prize. Decisions of Sponsor are final and binding in all respects.
7. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; INDEMNIFICATION; FORUM SELECTION CLAUSE: By participating in the Contest, entrants and finalists agree to release and hold harmless Sponsor and its affiliates, partners, representatives, agents, successors, assigns, employees, officers, directors, and the operator of any third party website (Facebook, Google) (and pursuant to any and all terms and conditions of use or guidelines applicable to such site) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor and their parent affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors assume no responsibility for any injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest. Entrants and finalists acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates. By submitting entry materials, entrants acknowledge that they understand and agree that the Released Parties’ use of material containing features and elements similar to or identical with those contained in entrants’ entry materials does not entitle entrants to any compensation. By entering, entrants waive any right of action against the Released Parties in connection with the Released Parties’ use of any material (or any part thereof), whether or not the material contains features or elements similar or identical to those contained in entrants’ entry materials. Entrants and finalists agree to defend, indemnify and hold harmless Sponsor and its affiliates, partners, representatives, agents, successors, assigns, employees, officers, directors, and the operator of any third party website (Facebook, Google)(collectively the “Indemnified Parties”) from any and all claims, demands, actions, rights or liability of any nature, including attorney fees and costs of litigation, now existing or hereafter arising, and whether known or unknown, absolute or contingent, suspected or unsuspected, which are brought by a third party against an Indemnified Party and are related to any of the entry material/entries provided by the entrant and/or finalist.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the County of Cook, Illinois. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
8. DISPUTES: Except where prohibited, by participating in this Contest, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and 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 limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
9. SEVERABILITY: If any one or more provisions of these Official Rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these Official Rules.
10. FORCE MAJEURE: The failure of the Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of the Sponsors or other force majeure event shall not be considered a breach of these Official Rules.
11. SPONSOR: The Sponsor of the Contest is: