Sweepstakes
SendMe $50,000 Sweepstakes
Official Rules
No Purchase Necessary.
1. Description of the Sweepstakes.
The SendMeMobile $50,000 Sweepstakes ("Sweepstakes") consists of monthly drawings. For purposes of these rules, a month is defined as the 18th day of a month at 12:00:00 AM Eastern Time (ET) through the 17th day of the following month at 11:59:59 PM ET ("Monthly Promotion Period") except for December, which will end on the 18th at 11:59:59 PM ET. The Sweepstakes begins on June 18, 2009 at 12:00:00 AM ET and ends on December 18th, 2009 at 11:59:59 PM ET or when the grand prize is awarded (the "Promotion Period").
2. Eligibility.
The Sweepstakes is open to legal residents of the United States (excluding residents of the states of Florida, Georgia and New York) and the District of Columbia who are 13 years of age or older at the time of entry. Any entrant who is under the age of legal majority in his or her state of residence (a "Minor") should get his or her parent or legal guardian's permission to enter. A Minor entrant will have to provide parental consent in form and substance suitable to Sponsor, in Sponsor's sole discretion, in order to be eligible to win a prize. You must be 18 or older to participate in the following states: Florida, Maine. Employees, officers and directors of Sponsor, their affiliates, subsidiaries, agents and advertising and promotion agencies involved with this Sweepstakes, as well as their immediate family members (defined as parents, spouse, children, siblings and grandparents) and those living in the same household of each such employee, officer and director are not eligible to enter. By participating, you agree to abide by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.
3. How to Participate.
You will automatically be entered into the Sweepstakes if you are a subscriber to any SendMeMobile.com subscription service during the month in which the sweepstakes is conducted. For complete information about SendMeMobile.com products, and to subscribe for a chance at winning, go to www.sendmemobile.com. Game official rules and terms & conditions are located at www.sendmemobile.com/company/sweepstakes.html.
Alternatively you may enter free of charge by dialing our toll free sweepstakes entry number: 800-810-0498 and following the prompts to register your phone number for a chance to win.
Limit one entry per person per monthly drawing regardless of the method of entry and regardless of the number of SendMe Mobile products or services for which you are registered. Duplicate entries from the same person or telephone number will be eliminated.
4. Drawings: Selection of Winners.
Monthly Drawing
Monthly entry periods will begin on the 18th of each month at 12:00:00 AM ET and conclude on the 17th of the following month at 11:59:59 PM ET, except for the final entry period, which shall end on the 18th of December at 11:59:59 PM ET (see monthly entry/drawing chart below). Monthly drawings will be conducted approximately seven business days after the close of each Monthly Promotion Period according to the schedule below, unless that day falls on a weekend or holiday, at which time it will be conducted on the next business day. The drawings will include all eligible entries received by the end of each Monthly Promotion Period. Non-winning monthly entries will not be rolled over into subsequent monthly drawings.
Odds of being selected for a monthly prize depend on the number of eligible entries received in each drawing.
| Monthly Drawing | SMS/Online/IVR Guesses Received by 11:59:59 PM ET on: | Monthly Random Drawing Date on or around: |
| Drawing 1 | July 17th, 2009 | July 28th, 2009 |
| Drawing 2 | August 17th, 2009 | August 26th, 2009 |
| Drawing 3 | September 17th, 2009 | September 28th, 2009 |
| Drawing 4 | October 17th, 2009 | October 27th, 2009 |
| Drawing 5 | November 17th, 2009 | November 30th, 2009 |
| Drawing 6 | December 18th, 2009 | December 28th, 2009 |
At the conclusion of each Monthly Promotion Period, one entry will be selected from all entries received throughout the entire Monthly Promotion Period. The entry drawn will automatically receive $100. In addition, the Administrator will pre-select exactly one 4-digit number at random from the range of 0000-9999. If the last four (4) digits of the phone number used by the monthly winner to participate in the SendMeMobile.com service or entered by the monthly winner on the toll free 800 number used for free entry exactly matches the 4-digit number pre-selected by the Administrator, he/she will win the grand prize subject to verification of eligibility. Odds of a monthly winner winning the grand prize are 1 in 10,000. If a match is not exactly made, the grand prize will not be awarded. Once a grand prize is awarded, the Sweepstakes will be over and no further entries will be accepted for this Sweepstakes.
5. Prizes.
Grand Prize: $50,000.
Monthly Prizes: Each chosen monthly prize winner will receive $100 in one lump sum. Sponsor reserves the right to offer alternate non-cash prizes (ARV: $100) provided however that monthly prize winners will always have the right to accept $100 in lieu of any alternate non-cash prize that Sponsor may choose to offer.
Winners must comply with these Official Rules to qualify for a prize. Winners will be notified by phone, email or regular mail at Sponsor's discretion and may be required to execute an affidavit of eligibility and a liability/publicity release that must be returned within ten days from the date of notification. In the event a winner is less than the age of majority in his/her state of residence, any required documents must be signed by the winner's parent/legal guardian on his/her behalf. If the potential winner cannot be contacted within ten (10) days of the first attempt to contact him/her or if he/she fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, an alternate winner may be selected. Sponsor, in its sole discretion, will attempt to contact up to four (4) potential winners in accordance with the above procedure, after which the prize may go unawarded if it remains unclaimed.
In the event of a dispute regarding the individual who actually submitted an entry, the entry will be deemed submitted by the authorized account holder (as defined below) of the telephone service account used for playing. The potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the telephone service account associated with the winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. The Sponsor and Administrator shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming 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 Sponsor and Administrator assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
No substitution, assignment or transfer of prize permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value in the event the offered prize is unavailable. Winner is responsible for all applicable federal, state and local taxes. Sponsor will report taxes as required by the applicable law.
6. General Conditions.
Sponsor reserves the right to cancel, suspend or modify the Sweepstakes if fraud, technical failures or any other factor impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the applicable monthly prize in a random drawing from among all eligible entries received up to the time of cancellation. Sponsor reserves the right in its sole discretion to disqualify any individual it finds 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 Sponsor's Web site (including the Sweepstakes Web site) 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 reserve 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. Sponsor is not responsible for lost, late, stolen, incomplete, invalid, unintelligible, illegible, or misdirected entries, which will be disqualified.
Use of any automated program to enter will result in disqualification. In the event of a dispute, entry information will be declared made by the authorized account holder of the cellular telephone number registered to the SendMeMobile.com account at the time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to a telephone number by a telephone company, wireless service provider, Internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning telephone numbers or wireless phone numbers for the telephone exchange associated with the submitted telephone number or the domain associated with the submitted telephone, as applicable.
7. Release.
By accepting any prize, winner agrees to release and hold harmless Sponsor, related companies, any company involved with the Sweepstakes, and each of their respective officers, directors, employees and agents (collectively, "Sweepstakes Entities") from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize. Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor's use of winner's name, address, likeness, voice, for promotional purposes in any media without further payment or consideration.
8. Limitations of Liability.
Sponsor and Sweepstakes Entities are not responsible for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected, or postage due entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) electronic human or other error which may occur in the administration of the Sweepstakes or the processing of entries; or (6) any injury or damage to persons or property, including but not limited to 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 Sponsor's Web site(s) (including the Sweepstakes Web site), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor's Web site by a hypertext link.
9. Disputes.
Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of San Francisco or the appropriate San Francisco District Court located in San Francisco, CA; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (3) 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. 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, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
10. Data Collection.
Sponsor collects personal information from you when you enter the Sweepstakes. The information collected is subject to privacy policies of SendMe Inc located http://www.sendmemobile.com/company/privacy-policy.html
11. Winner's List/Official Rules.
For the name, city and state of the winners and/or a set of Official Rules, send a self addressed, stamped envelope to SendMeMobile $50,000 Sweepstakes c/o SendMe, Inc. 585 Howard St., Third Floor, San Francisco CA 94105. Please specify "Winners List" or "Official Rules" on your request. Requests must be received by November 1, 2010. VT residents may exclude return postage.
12. Sponsor:
SendMe Inc., 585 Howard St., Third Floor, San Francisco, CA 94105.
13. Administrator:
SCA Promotions, Inc., 8300 Douglas Ave, 6th Floor, Dallas, TX 75225