NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Message and data rates may apply. Text STOP to 62687 to opt out and to discontinue further participation in the Sweepstakes. Text HELP to 62687 for information. If you enter via text-messaging, you will receive up to 20 text messages per month from an automated system with coupons and offers. Consent is not required to buy goods and services. You may not be able to participate by text messages through all wireless carriers.
1. Eligibility: Text Email USA SMS Sweepstakes (the “Sweepstakes”) is open all to legal residents who are at least eighteen (18) years old at the time of entry. Employees of Text Email USA, and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations of your country, and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor:Text Email USA LLC, 99 Peachtree Street, Atlanta, GA 30303.
3. Timing: The Sweepstakes begins on September, 2014 at 12:00 a.m. Central Time ("CT"), ends on December 31, 2014 at 11:59 p.m. CT (the "Promotion Period"), and consists of sixteen (4) Monthly entry periods.
4. How to Enter:
a. Text Message: During the Promotion Period, using a two-way text-messaging capable device ("Device"), text keyword USA to 62687. You will receive a response text as confirmation of your entry, subscription and verification of your eligibility. Your entry will be included in the drawing. Message and data rates may apply. Text STOP to 62687 to opt out and to discontinue further participation in the Sweepstakes. Text HELP for information. For questions, send email to email@example.com or call 1-888-282-0986. If you enter via text-messaging, you will receive up to 10 text messages in response to your entry and (if applicable) 20 text messages per month from an automated system with coupons and offers. Participating carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, Alltel, Cellular One from Dobson (part of AT&T), U.S. Cellular, ACS Wireless, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost (iDEN), Boost Unlimited (CDMA), Cellcom, Cellular One of East Central Illinois, Cellular South, Centennial Wireless, Cincinnati Bell, GCI Communications, Illinois Valley Cellular, Immix Wireless, Inland Cellular, Nex-Tech Wireless, Nextel (part of Sprint), nTelos Wireless, Revol Wireless, Sprint, Thumb Cellular, T-Mobile, Unicel, United Wireless, and West Central Wireless. Consent is not required to buy goods and services.
b. Mail-in:: To enter without text messaging, hand print your name, address, day and evening phone numbers, email address, and date of birth on a 3" x 5" piece of paper and mail it in an envelope with proper postage to “Text Email USA SMS Sweepstakes,” c/o Tokova 99 Peachtree Street, Atlanta, GA, 30303 U.S.A. You will receive one (1) entry into the Sweepstakes drawing. Limit: One (1) entry per envelope. All mail-in entries must be handwritten and must be postmarked by the dates set forth in the chart in Section 3. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Administrator. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
Limit: Each entrant may enter one (1) time (regardless of his/her method of entry) during the Promotion Period. Multiple entrants are not permitted to share the same email address or Device. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, Devices, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or entry, the authorized account holder of the email address or the text-messaging capable device used to register will be deemed to be the entrant. The “authorized account holder” of an email address, is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Otherwise, the “authorized account holder” of a Device is the natural person in whose name the Device has been issued and the services are billed. Potential winners may be required to show proof of being an authorized account holder.
5. Winner Determination and Verification: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes. Receiving a prize is contingent upon compliance with these Official Rules. Administrator will randomly select one (1) winner from all entrants participated that month at the end of each month and one (1) grand price potential Sweepstakes winner thirty days (30) of the end of the Sweepstakes Period, from all eligible entries received, on or around the dates set forth in the chart in Section 3; entrants who opt out via text or email message will not be included in the drawing. The potential winner will be notified by email or text message after the date of random drawing. Any potential winner who entered via text-messaging will be notified by text message at the number of the Device used to enter the Sweepstake and will be required to respond with a valid email address within twenty four (24) hours of the date message or attempted message is sent. If a potential winner cannot be contacted, fails to provide the requested information within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. In the event that a potential Grand Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be one (1) alternate drawing after which the applicable prize will remain unawarded. Prizes will be fulfilled no later than five (5) days after winner confirmation.
6. Prizes: ONE (1) GRAND PRIZE ($1,000) is offered at the end of the Sweepstake. THREE (4) monthly prices, one (1) at the end of each month begin September through December: The grand prize winner will receive one thousand dollar ($1,000). Monthly price winners will receive Two (2) dinners at participating restaurants. Dinner Vouchers/Tickets will be awarded via email and or text as digital gift codes redeemable at one (1) Sweepstakes participating restaurant. Terms and conditions apply. Approximate Retail Value per dinner prize: $50.00. Sponsor and Administrator are not responsible for complaints or issues regarding codes (claims that code is invalid, insufficient, etc.) and winners should address any such issues with the issuer of the code. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the applicable Monthly Entry Period. Limit: One (1) prize per person.
7. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Text Email USA and their respective subsidiaries, affiliates, suppliers, distributors, prize suppliers, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner's consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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 the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, 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.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
11. Dispute Resolution: You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Sweepstakes, the Official Rules, or the Administrator's Mobile Terms and Conditions will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that whenever you have a disagreement with Administrator or Sponsor arising out of, connected to, or in any way related to the Sweepstakes, the Official Rules, or the Administrator's Mobile Terms and Conditions, you will send a written notice to the Administrator (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Official Rules or the Administrator's Mobile Terms and Conditions. You must send the Demand to the following address (the “Notice Address”): Legal Department, Text Email USA, LLC, 99 Peachtree Street, Atlanta, GA 30303. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 30 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 30 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you, Administrator, and Sponsor to litigate claims in court and you, Administrator, and Sponsor each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Administrator or Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
You agree that you will not file a class action or collective action against Administrator or Sponsor, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Official Rules, or the Administrator's Mobile Terms and Conditions, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with you to arbitration before the Arbitrator.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Administrator, and Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between you, Administrator and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules. The place of arbitration shall be Gwinnett County, Georgia.
13. Winner List: For a winner list, visit http://TextEmailUSA.Com/Sweepstakes. The winner list will be posted after winner confirmation is complete
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