Sweepstakes Official Rules
Effective: October 1, 2022
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 49 UNITED STATES (RHODE ISLAND EXCLUDED) AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 13 YEARS OLD.
VOID IN ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
[US Entity Name and Address] (“Sponsor”).
This Sweepstakes (the “Sweepstakes”) is open only to legal residents of the forty-nine (49) United States (Rhode Island excluded) and the District of Columbia who are thirteen (13) years of age or older at the time of entry, who have an account (“Account”) with the TextNow app (“TextNow app” or “TextNow”) and have received notice directly from Sponsor that they are eligible to participate in the Sweepstakes. Void where prohibited or restricted by law. Entrants under eighteen (18) years of age or the age of majority in their jurisdiction of residence must have consent from a parent or legal guardian to enter.
The following individuals are not eligible to enter or win a prize: employees, representatives, agents, directors, and officers of the Sponsor, its parents, subsidiaries, affiliated companies, and marketing agencies, or of any other parties involved in the administration of the Sweepstakes (Sponsor, collectively with the foregoing, the “Sweepstakes Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. By participating in this Sweepstakes, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor, which shall be final in all matters relating to the Sweepstakes.
3. Sweepstakes Entry Period
The Sweepstakes begins on Monday March 20th, 2023 at 5pm EST and ends on Friday March 24th, 2023 at 5PM EST (“Entry Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes.
4. How to Enter
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.
To enter, you must have received notice directly from Sponsor’s in-app notification that your Account is eligible to participate:
- Open the TextNow app to the sweepstakes page while logged into your Account during the Entry Period. Navigate to the menu and tap Credits and Rewards, then tap the Sweepstakes tab.
- View one or more video ads from within your Account.
- You can earn 1 entry per each video ad viewed while logged into your Account. You must watch the entire video ad to be eligible to earn any entries for such ad. You may receive a maximum of 20 total entries in the Sweepstakes.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the entry deadlines will be disqualified from the Sweepstakes. You may receive a maximum of 20 total entries in the Sweepstakes.
5. Odds of Winning
Odds of winning depend on the number of eligible entries received.
6. Winner Selection and Notification
25 entrants will be selected as the winners.
On or about March 30th, 2023, Sponsor will select the winners based on a random drawing from all eligible entries received during the Entry Period. Sponsor will attempt to notify the winners by sending an in-app message to each winner’s Account within 3 days of winner selection.
Each entrant must be the authorized account holder of the Account used to enter the Sweepstakes. In the event of a discrepancy between the identity of an authorized account holder, a “winner,” and an entrant, Sponsor reserves the right, in its sole discretion, to determine whether the entry is valid or to declare the entry invalid and select an alternate winner or not award the unclaimed prize.
The winners are subject to verification, including verification of age and residency.
If a winner (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii) fails to respond to Sponsor’s first winner notification message within 48 hours of notification or after two (2) attempts (whichever occurs first), (iii) fails to timely provide any information requested by Sponsor (e.g., information needed by Sponsor to deliver a prize) or timely execute and return any documents or forms required by Sponsor, the winner will be disqualified and forfeit all interest in a prize. If the winner is disqualified, Sponsor reserves the right to select a substitute winner or not award the unclaimed prize.
7. Prizes and Prize Claims
25 winners will win:
- A $100 VISA e-gift card (Actual Retail Value (“ARV”): $100)
The total ARV of all prizes offered in this Sweepstakes is $2,500. All amounts are in United States dollars. Each participant may only win one (1) prize in the Sweepstakes.
The right to receive a prize cannot be transferred or assigned. No cash or other prize substitution is permitted, except at the sole discretion of the Sponsor. The prizes are subject to availability and if one or more prizes cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute such prizes with prizes of comparable or greater retail value.
As a condition of receiving a prize, each winner must provide Sponsor with a valid email address. Sponsor is not responsible for any prizes that are lost, stolen, unclaimed, undeliverable, or returned, or for any invalid or incorrect email address provided by a winner to Sponsor.
By participating in this Sweepstakes, each participant acknowledges and agrees that if such participant wins a gift card, such gift card is subject to, and shall be used only in compliance with the applicable merchant’s terms & conditions.
Each winner is solely responsible for all federal, state, local, or other applicable taxes associated with such winner’s acceptance and use of a prize.
All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.
Except where prohibited by law, by accepting a prize, each winner hereby grants Sponsor and its representatives an irrevocable, perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display such winner’s name and information about the prize award, in any way, at any time, in any and all media, including without limitation, for use in advertising and marketing, without any additional approval or consideration. By accepting a prize, each winner represents and warrants that he or she has the right to grant the foregoing license.
9. Limitations of Liability of Sweepstakes Parties
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE (I) THE SWEEPSTAKES PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR CONNECTED WITH (A) THE SWEEPSTAKES OR (B) ANY PRIZE AWARDED, AND (II) YOUR REMEDIES FOR ANY CLAIMS RELATING THE SWEEPSTAKES ARE LIMITED TO YOUR ACTUAL OUT-OF-POCKET EXPENSES OF PARTICIPATION IN THE SWEEPSTAKES (IF ANY).
The Sweepstakes Parties assume no liability and are not responsible for, and by entering the Sweepstakes you hereby waive and release the Sweepstakes Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Sweepstakes and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, mobile device, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission, winner notifications, prize claims or other information or communications relating to the Sweepstakes, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, winner notifications or other announcements or communications relating to the Sweepstakes. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only a single prize from a random drawing of all eligible entries. In no event will more than the stated number of prizes (i.e., 100 prizes) be awarded.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or any Sweepstakes Parties.
10. Sponsor’s Reservation of Rights
If the Sweepstakes is not practically capable of running as planned for any reason outside the control of the Sponsor, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, government orders, natural disasters, the effects of COVID-19 or any pandemic or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Sweepstakes. In the event of cancellation, Sponsor reserves the right to select winners from a random drawing of all non-suspect, eligible entries submitted as of the time of cancellation.
11. Governing Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of entrants and winners, and the rights and obligations of the 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
13. Winner List
For the names of the winners, send an email to [email protected] with “winners” in the subject line. Requests must be received no later than sixty (60) days after the end of the Entry Period.