PredictoMobile 2009 Multinational Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Each text message, sent or received, may incur a charge as provided in your mobile rate plan. If you enter via text-messaging, you will receive one (1) text message in response to your entry. Text-messaging may not be available through all wireless carriers.
1. Eligibility: The PredictoMobile 2009 Multinational Sweepstakes (the "Sweepstakes") is open only to legal residents of Canada (excluding Quebec), Germany and Ireland who are at least eighteen (18) years old at the time of entry. Employees of PredictoMobile, LLC, ePrize, LLC, and their parent and affiliate companies, suppliers as well as their family and household members are not eligible. Subject to all applicable laws and regulations. Void in Quebec 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: PredictoMobile, LLC, One Bridge Plaza, Ste. 275, Fort Lee, NJ 07024. Administrator: ePrize LLC, One ePrize Drive, Pleasant Ridge, MI 48069 U.S.A.
3. Timing: The Sweepstakes begins at 00:00 Greenwich Mean Time ("GMT”), October 12, 2009, ends at 23:59 GMT, April 14, 2010 (the "Competition Period") and consists of six (6) monthly entry periods (each a "Monthly Entry Period") and a Grand Prize entry period ("rand Prize Entry Period"). The Entry Period dates and times are set forth in the chart below:
Entry Period (eligible countries)
Begins 00:00 GMT
Ends 23:59 GMT
Drawing Date
1 (Canada, Ireland)
October 12, 2009
November 14, 2009
December 1, 2009
2 (Canada, Germany, Ireland)
November 15, 2009
December 14, 2009
January 4, 2010
3 (Canada, Germany, Ireland)
December 15, 2009
January 14, 2010
February 1, 2010
4 (Canada, Germany, Ireland)
December 15, 2009
January 14, 2010
February 1, 2010
5 (Canada, Germany, Ireland)
February 15, 2010
March 14, 2010
April 1, 2010
6 (Canada, Germany, Ireland)
March 15, 2010
April 14, 2010
May 3, 2010
Grand Prize
October 12, 2009
April 14, 2010
May 3, 2010
Non-winning entries will not carry over into subsequent Monthly Entry Periods. Administrator’s computer is the official time keeping device for the Sweepstakes. The Grand Prize Entry Period is coextensive with the Competition Period.
4. How to Enter:
(a) To enter, eligible individuals must, during the Competition Period, either (a) sign up to become a paid premium member of PredictoMobile (“Premium Member”) by completing the sign-up process on their mobile phone or on the sign-up page of the applicable website (see chart below for applicable websites) or be a Premium Member and complete a survey by SMS text messaging by following the steps set forth in subsection 4(b) below; or (b) sign up to become a no cost online basic member of PredictoMobile (“Basic Member”) by completing the sign-up process on the applicable website (see chart below for applicable websites) or be a Basic Member and complete a free online survey by following the steps set forth in subsection 4(c) below (“Premium Members and Basic Members are referred to collectively as "Members").
Country
Applicable Website
Applicable Short Code
Canada
http://ca.predicto.com
654654
Germany
http://de.predicto.com
85085
Ireland
http://ie.predicto.com
57373
(b) Entry Via SMS: Use a two-way text-messaging capable device to vote on a PredictoMobile survey via SMS text-messaging. The PredictoMobile service will send one (1) survey to each Premium Member each week automatically, and Premium Members may request additional surveys either by specifying more frequent delivery in their personal profile or individually by texting the GET command to the applicable short code. There is no additional cost to members to receive or vote on additional surveys. Each vote received via text-message constitutes one (1) entry into the Monthly Entry Period drawing corresponding with the date your text-message was received and one (1) entry into the Grand Prize Entry Period drawing. Text HELP to applicable shortcode for information (see chart above for applicable short codes). Please refer to the chart below for country specific numbers to dial to opt-out of further communications from Sponsor, privacy policies and customer support contact information.
For complete information about the PredictoMobile service and to sign up for membership, visit the applicable Predicto website. Entrants that enter the Sweepstakes by text-messaging will be charged according to their carrier’s standard text-messaging rates both for sending and receiving text messages and entrants should contact their carrier for pricing plans and details. Check your owners’ manual for specific text-messaging instructions. Text-messaging may not be available through all wireless carries.
(c) Online Free Method of Entry: To enter for free and/or without receiving or sending a text-message, visit the applicable Predicto website and follow the links and instructions to become a Basic Member including selecting a “Grand Prize Key” and create your Basic Member online account (the "Account") or sign in to your Account. A Grand Prize Key is a two digit number selected by a Basic Member when they register from the range of 00 to 99 and which will be used to determine whether a Basic Member whose entry has been selected in a Grand Prize Drawing is eligible to win the Grand Prize. Creating an Account is free. Once you create an Account, you will have access to the surveys that are sent to the Premium Members via Section 4(b), above. Access and complete an online survey. For each such survey you complete, you will receive one (1) entry into the country specific prize pool corresponding to your country of residence for the Monthly Entry Period drawing corresponding with the date your completed survey was received and one (1) entry into the Grand Prize Entry Period drawing.
(d) Limit: Each Member may enter up to ten (10) times per day during the Competition Period, regardless of method of entry used to enter. 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 play, the authorised account holder of the email address used to register will be deemed to be the registrant or player. The “authorised account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorised account holder.
(e) Personal Data: The personal data an entrant submits upon registration will be stored on servers in Canada and the United States of America. Entry into the Sweepstakes constitutes entrant's consent to the export of his/her personal data to the United States of America and its use there only for the purposes of administering this Sweepstakes and associated processing (e.g., but not limited to back-up, archiving). The servers are controlled by the Sponsor and/or the Administrator who have notified the U.S. Department of Commerce that they adhere to the rules of the Safe Harbor Framework available under http://www.export.gov/safeharbor/eg_main_018247.asp. Entrants' personal data will be stored on these servers and used for the purposes of administering this Sweepstakes and associated processing of entries.
6. Prizes:ONE (1) GRAND PRIZE: $50,000 CAD (if the winner selected and confirmed is a legal resident of Canada); 50,000 EUR (if the winner selected and confirmed is a legal resident of Germany); or 50,000 EUR (if winner selected and confirmed is a legal resident of Ireland). Odds of winning a Grand Prize depend in part on the number of eligible entries received during the Grand Prize Entry Period and in part on whether your phone number ends with the two (2) digits randomly selected by Administrator. EIGHTEEN (18) FIRST PRIZES (one (1) First Prize per Monthly Entry Period per country specific prize pool): $500 CAD (if the winner selected and confirmed is a legal resident of Canada); or 500 EUR (if the winner selected and confirmed is a legal resident of Germany or Ireland). Odds of winning a monthly First Prize depend on the number of eligible entries received per country specific prize pool during the corresponding Monthly Entry Period.
7. Release: By receipt of any prize, each winner agrees to release and hold harmless Sponsor, ePrize, LLC and their respective subsidiaries, affiliates, suppliers, distributors, 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, damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. For Residents of Germany and Ireland: This Release does not apply to claims against Sponsor, its representatives and its vicarious agents for damages because of personal injury or death, and to claims for damages in case of intent or gross negligence by Sponsor, its representatives or vicarious agents.
8. Publicity:Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s use of winner’s name, image, likeness, personal testimonial and city and country of residence for promotional purposes in any media, worldwide, without further payment or consideration, including but not limited to posting winner lists online.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it if, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, delays in launch due to technical or third party issues outside of Sponsor's control, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes. The Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process. 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 or of any other provision of these Official Rules.
10. Limitations of Liability: Released Parties are not responsible, to the extent permitted by law, for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilised in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorised 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 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 (other than as a direct result of the Sponsor's negligence). 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 provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its 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. 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. Disputes Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action 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 exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (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, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. For Residents of Germany Only: This limitation to the amount of damages does not apply if not permitted by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
12. Entrant's Personal Information: Participation in the Sweepstakes implies authorisation to transfer personal data to the United States for purposes of administration of the Sweepstakes. All information submitted to the Sponsor as part of this Sweepstakes will be treated in accordance with the Sponsor’s privacy policies, which are disclosed in the chart set forth in Section 4(b), and ePrize’s privacy policy at http://www.eprize.com/privacy/privacypolicy.html. Personal information will be used to: (a) contact potential winners; and (b) if an entrant selects to receive additional information from the Sponsor on the entry form, to send additional information to that entrant. Entrants have the right to access, withdraw, and correct their personal data. Entrants may request such action by sending a message to "PredictoMobile 2009 Multinational Sweepstakes Opt-out Request," c/o ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069 U.S.A.
13. For Residents of Germany: Pursuant to German data protection laws, you have a right to information about the personal data stored about you, including its origin, recipient or categories of recipients of the data and the purpose of the storage. In addition, you have the right of correction and, in certain circumstances, to disabling and deletion of your data and, in certain circumstances, the right to object to the collection, processing and use of your personal data. To exercise such right, you may write to: "PredictoMobile 2009 Multinational Sweepstakes," c/o PredictoMobile, LLC, One Bridge Plaza, Ste. 275, Fort Lee, NJ 07024.
14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than September 3, 2010. For the Winner List, send an email with subject line: "PredictoMobile 2009 Multinational Sweepstakes, Winner List Request," to WinListRequests@eprizefulfillment.com
15. General Nothing in these terms and conditions shall be deemed to exclude or restrict any of the winner's or entrant's statutory rights as a consumer.