The TextNow Pays Sweepstakes - Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
Sweepstakes Period
Sweepstakes Period: The TextNow Pays Sweepstakes (the “Sweepstakes”) begins at 12:00 a.m. Eastern Time (“ET”) on December 7, 2022 and ends at 11:59 p.m. ET on December 23, 2022 (the “Sweepstakes Period”).
Eligibility
Open to legal residents of the 50 U.S. and D.C., who, as of date of entry, are 18 years of age or older and as of December 6, 2022 possess a web-enabled mobile device (“Entrant”). Void where prohibited or restricted by law. Employees of TextNow, Inc. (the “Sponsor”), their affiliates, subsidiaries, divisions, suppliers, distributors, and advertising, promotional and judging agencies (collectively the “Sponsor and its Administrators”) and each of their respective employees, shareholders, directors, officers, members, assigns and agents and their immediate family members and/or those living in the same household of each are not eligible to participate or win.
How to Enter
To enter the Sweepstakes, you must have an Instagram and/or Twitter account and have your account settings set to public and not private. An Instagram account can be opened for free by downloading the Instagram application from the Apple store or Google Play, and a compatible mobile device is required to use the Instagram application. A Twitter account can be opened for free by visiting www.twitter.com.
There are two (2) methods available to enter the Sweepstakes:
Via Instagram: During the Sweepstakes Period, find the dedicated TextNow Sweepstakes Post (the “Instagram Promotion Post”) which will be located at the TextNow Instagram account or online at https://www.instagram.com/textnow/ and reply in the comments of the Instagram Promotion Post with @TextNow and the hashtags #TextNowPays and #Sweepstakes (“Instagram Entry”). NOTE: IF POSTED ELSEWHERE ON INSTAGRAM, SUCH AS YOUR PERSONAL TIMELINE OR STORY, IT WILL NEITHER RESULT IN, NOR QUALIFY AS, AN ENTRY.
Via Twitter: During the Sweepstakes Period, sign into your Twitter account and create a post that mentions @TextNow with the hashtags #TextNowPays and #Sweepstakes (“Twitter Entry”).
Entries submitted via the two (2) methods described above will collectively be referred to as “Entries.” Limit of one (1) Entry per person per each of the social channels. The maximum number of Entries per person via any/all social channels is two (2). Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations and/or logins, or any other methods will void such entries and that entrant may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal phone/data and usage charges imposed by your phone service may apply. Standard data rates may apply.
If an Entry includes photos or videos that depict any individuals other than yourself, you must have received permission from that person to enter such photo. If an Entry references any individuals other than yourself, you must have received permission from that person to enter such caption. If a minor is depicted/referenced, you must be the parent or legal guardian of that child/charge. Re-tweets, direct messages, re-grams and shares will not result in Entries into the Sweepstakes. By submitting your Entry during the Sweepstakes Period via one (or more) of these social channels, you acknowledge that you have read and agree to these Official Rules. Any Entry or portion thereof that is, in Sponsor’s sole discretion, contains any third-party materials or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person (living or deceased) or entity or makes reference to any commercial/corporate advertising (including but not limited to corporate logos, brand/player names, slogans, political, or religious statements), or is otherwise objectionable, will not be accepted (and, such posted content will be removed by Sponsor, subject to any approval required by the applicable social channel) and may disqualify the Entrant. Any Entry deemed inappropriate or containing unsuitable material, in Sponsor’s sole discretion will be disqualified. Entry must be the original work of the Entrant; do NOT copy the work of others (in whole or in part). Each entrant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted Entry, in any media, and with right to use, copy, modify, edit, and create derivative works therefrom, and agrees to execute documents confirming such right and license at Sponsor’s reasonable request. By entering, you understand that your Entry will be screened by the Sponsor and may be posted online to a gallery or featured in Sponsor’s social media channels or other advertising, in Sponsor’s sole discretion, to be viewed by members of the general public for public viewing. By entering, each entrant warrants and represents that their Entry is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Entry that it believes does not comply with these Official Rules or that is not consistent with the spirit or theme of the Sweepstakes. No information regarding Entries, other than as otherwise set forth in these Official Rules will be disclosed. All Entries submitted become the property of the Sponsor. ENTRIES REPRESENT SOLELY THE VIEWS AND OPINIONS OF ENTRANTS, NOT THOSE OF SPONSOR. SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH REVIEWING, MODERATING OR MONITORING ENTRIES. SPONSOR WILL NOT MODIFY ENTRIES IN CONJUNCTION WITH OFFERING THE PROMOTION. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory or violates any proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, sexual in nature, is otherwise objectionable, or disparages the Sponsor, as determined in Sponsor’s sole discretion, will be disqualified. Entry must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion.
Entries generated by script, macro or other automated means and Entries by any means which subvert the Entry process are void. This Sweepstakes or the awarding of the Prizes is in no way sponsored, endorsed or administered by, or associated with Instagram or Twitter. You understand that you are providing your information to the Sponsor and not to Instagram or Twitter. The information you provide will only be used in connection with this Sweepstakes or in connection with promotional or other activities of the Sponsor. All Entries become the sole property of the Sponsor and will not be returned. Receipt of entries may be acknowledged, but such acknowledgment is not binding upon Sponsor or Administrator as defined in the section below. The re-posting of an Entry by Sponsor does not constitute any representation of eligibility or notification of selection of Entry as a winner in the Sweepstakes.
Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's mobile device/computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized Account holder of the email address associated with entrant’s Instagram Account will be deemed to be the entrant. The "authorized Account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winning entrant(s) may be required to show proof of being the authorized Account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Entries will not be judged.
Winner Selection/Odds
The Administrator, an independent judging agency, will conduct the Grand Prize Drawing, which will be held on or about January 2, 2023 from among all eligible Entries received throughout the entire Sweepstakes Period. The odds of winning a Grand Prize depend upon the total number of eligible Entries received throughout the entire Sweepstakes Period and compliance with the exact requirements of these Official Rules.
Prizes
One hundred (100) Grand Prizes are available: $150 cash, awarded as an eCheck or physical check (at Sponsor’s sole discretion). Total Value of all prizes: $15,000.
Prize Restrictions
Winners are solely responsible for any and all applicable federal, state and local taxes and all other costs and expenses associated with their prize(s) not specified herein as being awarded. No transfer, resale, cash or other substitution of a prize. Limit one (1) Grand Prize per person/household/email address.
Winner Notification/
Verification
The potential Grand Prize winners will be notified via a Direct Message or comment on their Entry post on Instagram or Twitter by Sponsor (or Administrator on Sponsor’s behalf) within one (1) to two (2) business days following the winner selection in which they were selected as a potential winner and will be asked to privately provide their contact information to the Sponsor/Administrator including date of birth and email address. If a potential winner does not reply to the Direct Message or comment as instructed within forty-eight (48) hours, an alternate winner may be selected and notified as set forth herein. Potential winners will have forty-eight (48) hours from the time the Direct Message or comment is posted to reply as instructed. Sponsor and Administrator assume no responsibility for undeliverable prize notification for any reason. Winners may then be required to complete an Address Verification Form and return Prize Documents via email as instructed or prize may be forfeited and an alternate winner may be selected. Sponsor/Administrator assumes no responsibility for undeliverable prize notification resulting from any form of active or passive filtering by any social media platform or entrant’s Account or email settings or for insufficient space in an entrant’s user Account to receive notifications or emails. Return of any Prize Documents as undeliverable may result in disqualification and alternate winner may be selected (as outlined above). Potential winners are subject to verification by Sponsor or Administrator, and verification of potential winners is final and binding in all matters related to the Sweepstakes.
General Rules
By participating in this Sweepstakes, entrants/winners agree to be bound by these Official Rules and the decisions of the Sponsor. All applicable laws and regulations apply. Entrants and winners hereby hold the Sponsor and its Administrators, Instagram, Twitter and each of their respective parent companies, officers, directors, members, managers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) harmless from and against any third party claim arising from use of any Entry and entrants/winners waive any right to inspect or approve uses of your Entry by Sponsor in connection with the Sweepstakes or to be compensated for any such uses. Participating in the Sweepstakes constitutes permission to the Sponsor to use an entrant’s/winner’s name, address, and likeness in connection with the administration of the Sweepstakes only and as otherwise required by law. By participating in the Sweepstakes, the entrant/winner agrees that Released Parties will have no liability whatsoever for, and will be held harmless by entrant/winner for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from Entry, the acceptance, possession, use or misuse of prize, if applicable, or participation in the Sweepstakes or participation in any Sweepstakes related activity. The Sponsor and its agencies assume no responsibility for any injury or damage to entrant’s or to any other person’s computer or web-enabled device relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. You hereby represent and warrant that you have read these Official Rules and are fully familiar with their contents and agree to be bound by them. The Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes materials or the offering or announcement of the prizes.
Disputes
Entrant agrees that to the fullest extent permitted by law: (a) they release and will defend, indemnify and hold harmless the Sponsor and all of the other Released Parties from and all any and all claims; (b) claims arising out of or connected with this Sweepstakes, or any prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or provincial court located in Toronto, Ontario in Canada; (c) Entrant submits to sole and exclusive personal jurisdiction to said courts in Toronto, Ontario in Canada for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (d) any and all claims, judgments, and awards shall be limited to actual damages of no more than $100, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (e) 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. TO the fullest extent permitted by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants or the Released Parties in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the Province of Toronto, Ontario in Canada, without giving effect to any choice of law or conflict of law rules of provisions (whether of the Province of Toronto, Ontario in Canada, Canada, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Toronto, Ontario in Canada.
Privacy
Any personally identifiable information collected during your participation in this Sweepstakes will be used by Sponsor and its agents for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules, and in accordance with Sponsor's Privacy Policy, posted at https://www.textnow.com/legal/privacy and as allowed by law.
Winners List
For a list of winners, available for ninety (90) days after December 23, 2022, send an email to: [email protected] with TextNow Winners (11-2793-02) as the subject line. Winners List will be sent after all prizes have been awarded.
Sponsor
The Sponsor of the Sweepstakes is TextNow, Inc., 420 Wes Graham Way, Waterloo, Ontario, N2L 0J6, Canada. The Administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.
