These Official Rules (the "Rules") govern the terms and conditions of SoLow, an interactive game (the "Game"). These Rules, and your participation in the Game, are also governed by the SoLow online Terms of Service (the "Terms of Service") (http://www.solow.com/company/terms_of_service.html) and the SoLow online Privacy Policy (the "Privacy Policy") (http://www.solow.com/company/privacy_policy.html), and such Terms of Service and Privacy Policy are hereby incorporated in their entirety into these Rules by this reference. In case of a conflict between the Terms of Service, Privacy Policy or any Rules, the Terms of Service shall govern. By participating in this Game, each player acknowledges he or she has read and unconditionally agrees to be bound by the Rules, the Terms of Service and the Privacy Policy and the decisions of SendMe Inc. d/b/a SoLow ("Sponsor"), whose decisions shall be final and binding in all respects.
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW. A PURCHASE OR PAID GUESS DOES NOT IMPROVE YOUR CHANCE OF WINNING. ODDS OF WINNING DEPEND ON THE NUMBER AND FORM OF GUESSES RECEIVED.
This Game is sponsored by SendMe Inc. d/b/a SoLow ("Sponsor"), 55 2nd St., San Francisco, CA 94105.
The Grand Prize in this Game is a Flip Mino Hd. The approximate retail value of the Grand Prize is $229.99. No substitutions or cash redemptions will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value in the event the Grand Prize as described becomes unavailable, in whole or in part, for any reason.
Prizes will be awarded only if the potential winner fully complies with these Official Rules. Prizes are nonassignable and nontransferable. Prizes cannot be used in conjunction with any other promotion or offer. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Game materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of prizes not specified in these Rules will be determined by Sponsor in its sole discretion.
The ARVs of any prizes listed are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARVs are estimated for purposes of these Official Rules and the date the prize(s) is(are) awarded or redeemed. If the actual purchase price of a prize is less than the ARV or MSRP stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference.
The Game is open only to legal residents of the 50 United States and the District of Columbia who are 13 years of age or older at the start of the "Promotion Period" (as defined below). Any player 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 player 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. This Game may only be entered and played in or from the United States. Players from outside the U.S. are not eligible to participate or to win a prize. This Game is void where prohibited by law.
Employees, officers and directors of Sponsor and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employees, officers and directors are not eligible.
The playing period for the Game will begin on Oct 27, 2009 12:00:00 PM (PT) and end on Nov 3, 2009 12:00:00 PM (PT) (the "Promotion Period"). All guesses must be submitted during the Promotion Period to be eligible.
Participants are invited to submit guesses on an item (the "Prize"). Subject to the other Rules herein, the eligible play who guesses the "Lowest Unique Number" (defined below) during the Promotion Period, will be the winner.
Each Game is played for a predetermined amount of time, during which players may submit guesses (each, a "Guess") for the Grand Prize. When you submit your guess, you will have no way of knowing what other players have guessed, but you might be given clues if your guess is too high, too low or not unique. The "Lowest Unique Number" is the lowest guess in a whole number that is closest to one (1) and that has not been submitted by another player in the Game. For example, assume the following guesses are made in a particular Game: Guess 1: 302; Guess 2: 302; Guess 3: 304; Guess 4: 305; Guess 5: 306; Guess 6: 306; Guess 7: 306; Guess 8: 307. In this particular example, even though Guesses 1 and 2 are the lowest numbers, because more than one player guessed the same number, neither of those is the lowest unique number. So, even though it was not the lowest number received, Guess 3: 304 would be the winner (the Lowest Unique Number) because it is the lowest amount that only one player guessed.
The player that submits the Lowest Unique Number is the potential winning player (the "Winning Player"), subject to the other terms and conditions set forth herein. In the event a potential Winning Player chooses not to accept the Prize (and related terms and conditions) or does not qualify to win the Prize under the terms and conditions of these Official Rules, the person with the next Lowest Unique Number will be given the option of accepting the Prize (and related terms and conditions). A Prize must be accepted, if at all, within the time frame specified by Sponsor in each instance. This process will continue until the eligible player with the next Lowest Unique Number accepts the Prize (and related terms and conditions). In the event there is no Lowest Unique Number, Sponsor may choose the winner of the Game by a random drawing from all eligible guesses received during the Promotion Period.
Players may enter by submitting a Guess during the Promotion Period.
To Enter Via Short Message Service: Only customers of Alltel, Boost, AT&T, Dobson, Nextel, T-Mobile, Sprint and Verizon Wireless (each a participating "Wireless Carrier") may enter via Short Message Service ("SMS"), sometimes referred to as "text message service." The wireless phone that is used must be capable of sending and receiving text messages. Players should check their phone’s features to see if they have that capability. If you have a text messaging capable phone from a participating Wireless Carrier, you may submit a SMS-guess by sending a text message from your wireless phone with your Guess to 23687 (CENTS). To submit a Guess, text the desired Grand Prize and the amount of your Guess without punctuation. For example if the item you are playing for is a TV, and you want to guess 403, text "TV 403". (The website located at www.solow.com will instruct you as to the proper text descriptor for the desired Prize.) Your Wireless Carrier may impose standard text messaging charges, fees or taxes in accordance with your wireless plan for each text message that is sent or received including attempted guesses and corresponding error messages even if the attempted guess does not go through because of connectivity or other problems. Players may opt-out of participating further through the text message mechanic at any time by sending the message "STOP" to 23687 in response to any message sent in connection with the Game. Sponsor in its sole discretion may add or delete a Wireless Carrier at any time, without notice. Text message guess is designed to work with each participating Wireless Carrier, but Sponsor makes no guarantee that any particular wireless service provider will participate. Participating in the Game through text messaging will not improve an player’s chances of winning.
To Submit an Online Guess: You may also submit a Guess for free through the solow.com website located at http://www.solow.com or other sites such as Facebook located at http://apps.facebook.com/solowgame (collectively known as "Website"). Players must type in their cellular phone number and any other requested information as prompted, prior to submitting a Guess for the Prize. To place a Guess on the Website, you must register and log into the Website and you must have a cellular phone and valid phone number.
To Submit a Guess for Free by Regular Phone: You may submit your Guess for free by calling 866-494-4432 from your residential, land-line phone. To submit a Guess, dial the amount of your Guess without punctuation when prompted. For example if the Guess is 403, type in "403". Phone-in guesses may only be submitted from a residential, land-line phone that does not block or mask "Caller ID" or other phone number identification tools.
No player may submit more than twenty (20) Guesses on the same prize per day, regardless of the method of entry. No automatic dialers or other automated entry devices, bots and/or other programs and/or software are permitted for entry. Proof of submission of or being charged for a Guess will not be deemed to be proof of receipt by Sponsor.
Waiting Period: Individuals who, prior to the awarding of prizes in this game, have won another prize through a SoLow.com Premium or Non-Premium game are not allowed to win another prize in a future game for a period of (30) thirty days ("Waiting Period").
Mistakes, Errors and Glitches: Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled Guesses, all of which will be disqualified. Sponsor is also not responsible for problems of any kind whether mechanical, human or electronic. Only fully completed Guesses are eligible. Proof of submission of or being charged for a Guess will not be deemed to be proof of receipt by Sponsor.
Tips, Hints and Other Notices: Sponsor may send you a tip or hint to give you an idea of where your Guess stands in relation to all other Guesses that have been received. Sponsor may provide you notice about the time remaining in the Game, or other information Sponsor deems appropriate. Sponsor reserves the right to send players unlimited additional notifications.
Determining Winner, Notice: Sponsor shall determine the Lowest Unique Number in its sole and absolute discretion at the end of the Promotion Period. Sponsor will attempt to notify the potential Winning Player by email and/or telephone call in its discretion. Sponsor is not responsible if a potential Winning Player does not receive his or her winner notification or corresponding Prize because an attempted notification does not go through because of call blocking features or any other reason. Confirmation of the identity of the potential Winning Player shall be undertaken by Sponsor, by whatever means Sponsor shall deem appropriate. In the event a potential Winning Player is deemed by Sponsor to be ineligible under the terms and conditions of these Official Rules or if the Winning Player rejects the Prize (a failure to respond within the time determined by the Sponsor will be deemed to constitute a rejection), the eligible player with the next Lowest Unique Number will be given the option to accept the Prize. In the event there is no Lowest Unique Number, the prize may be awarded via a random drawing from among all the participating players in the Game, at the sold discretion of the Sponsor. Once the winner accepts the Prize, a binding legal contract is made for the transfer of the Prize between Sponsor and the winner subject to the potential Winning Player complying with all of the terms in the Rules.
Odds of winning the Prize depend on the number of eligible Guesses received and the amount of such Guesses.
Except where prohibited, the potential Winning Player must sign and return to Sponsor, within seven (7) days of notice (or such shorter time as exigencies may require) or attempted notice being sent, an affidavit of eligibility, liability release and, unless prohibited by law, a publicity release (collectively, the "Prize Claim Documents") in order to claim the Prize (except where prohibited by law). If a potential Winning Player cannot be contacted within seven (7) days after 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 player will be selected in his/her place by identifying the next Lowest Unique Number as set forth above. This process will continue until a valid Winner is found that complies with all the terms and conditions of the Rules, or, if no Lowest Unique Number exists, the Prize may be awarded via a random drawing from among all participating players in the Game, at the sole discretion of Sponsor. If a winner is a minor in his/her state of primary residence, at Sponsor’s option, the applicable prize either will be awarded in the name of a parent or legal guardian of such minor winner, or a parent or legal guardian of such minor winner will be required to ratify and sign any required Prize Claim Documents. Delivery of the Prize requires a street address (no P.O. Boxes) located within the United States. All federal, state and local taxes (and the reporting consequences thereof, and other expenses not specifically identified as included as part of the Prize) are the sole responsibility of the Winner. Winner may be required to submit a tax form in connection with his or her winnings.
Decisions of Sponsor shall be final and binding in all matters relating to the Game.
Players who, in Sponsor’s sole discretion, do not comply with these Rules, act in an unsportsmanlike or disruptive manner, or attempt to interfere with this Game in any way, shall be disqualified. Sponsor may prohibit a player from participating in the Game or winning a Prize if, in its sole discretion, it determines that the player is attempting to undermine the legitimate operation of the Game by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other players or Sponsor representatives. Any player found to be violating these Rules may be prohibited from playing in current and future games, in Sponsor’s sole and absolute discretion. Any attempt by a player to damage or undermine the legitimate operation of the game may be a violation of criminal and civil laws, 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 Rules shall not constitute a waiver of that provision.
Sponsor is not responsible for any printing, typographical, mechanical or other errors in the Rules or in any advertising or other associated promotional materials in connection with the Game.
BY PARTICIPATING IN THE GAME OR ACCEPTING ANY PRIZE, PLAYERS RELEASE AND HOLD HARMLESS SPONSOR AND ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUPPLIERS AND AFFILIATES (COLLECTIVELY, THE "PROMOTION ENTITIES"), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE GAME, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY GAME-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY OR MERCHANDISE DELIVERY.
The Promotion Entities are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict a player's ability to enter the Game, including any injury or damage to player's or any other person's phone or other device relating to or resulting from participating in this Game or downloading any materials in this Game.
Unless specifically and expressly identified as such, Alltel, Boost, AT&T, Dobson, Nextel, Sprint, T-Mobile and Verizon Wireless, and and/or each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not sponsors of this Game, and none of the above-listed entities will have any liability or responsibility for any claim arising in connection with participation in this Game or any Prize awarded.
Winner may be required to submit his or her picture to Sponsor via phone or the Internet. Participation in the Game or acceptance of a Prize constitutes the Winner's permission for Sponsor to use his or her name, address (only city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Winner regarding the Game or Sponsor for advertising and promotional purposes without notice or additional compensation, in any media now known or hereafter developed (including posting the Winner's name on the Internet), except where prohibited by law.
In case of a dispute as to the identity of any player, the Guess will be declared made by the authorized account holder of the phone or email address that is associated with the account used to submit a Guess at the time of entry. Sponsor may require any Winner to provide Sponsor with proof that such party is the authorized account holder of the phone associated with the Lowest Unique Number. In addition, Sponsor may confirm, by whatever other means it deems appropriate, the identity of the potential Winning Player.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Game for any reason, including should virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Game. In such case, Sponsor will randomly select the Winner from all eligible Guesses received prior to and/or after (if appropriate) the action taken by Sponsor. Inclusion in such drawing shall be each player’s sole and exclusive remedy under such circumstances. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Game and/or any associated website. Sponsor may prohibit a player from participating in the Game or winning the Prize if, in its sole discretion, it determined that said player is attempting to undermine the legitimate operation of the Game by cheating, hacking, deception, or other unfair playing practices (including the use of automatic dialers or other automated entry programs), or intending to annoy, abuse, threaten or harass any other players or Sponsor representatives. Any player found to be violating these Official Rules may be prohibited from playing current and future games, in Sponsor’s sole and absolute discretion.
These Official Rules are governed by and shall be construed in accordance with the internal laws of the State of California, without regard for conflicts of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any civil action, claim, dispute or proceeding arising out of or relating to the Game, except for an injunctive action (as discussed above), shall be referred to as final and binding arbitration, before three arbitrators, under the commercial arbitration rules of the American Arbitration Association in San Francisco, California. You and Sponsor shall select the arbitrators, and if you and Sponsor are unable to reach agreement on selection of the arbitrators within thirty (30) days after the notice of arbitration is served, then you and Sponsor shall each select an arbitrator, and the two arbitrators selected will pick the third arbitrator. Arbitration shall not commence until the party requesting arbitration has deposited Three Thousand Dollars ($3,000.00) with the arbitrators for the arbitrators’ fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrators to pay the arbitrators' fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Sponsor and your and Sponsor’s respective administrators, executors, legal representatives, heirs, successors and assigns, and may only be entered in the state courts of record for San Francisco, California, or the United States District Court located in San Francisco, California. The jurisdiction and venue for any action brought for purposes of injunctive relief or compelling arbitration or enforcing an arbitration award arising from, under or connected with the Game shall be exclusively in the state and/or federal courts in and for San Francisco, California, and each party hereby waives any objection to such jurisdiction and venue based upon forum non conveniens or otherwise.
For any legally-required winner’s list, send a self-addressed, stamped envelope no later than twenty (20) days after the Game end date to: Sponsor Results, c/o SendMe Inc., 55 2nd St., 3rd Floor, San Francisco, CA 94105. Requests must specify the particular Game.
By participating in the Game, players agree to Sponsor’s collection and usage of their personal information in accordance with Sponsor’s Privacy Policy, which may be found at http://www.solow.com/company/privacy_policy.html
All eligible subscribers to the SoLow Elite service receive 100 points plus 20 guesses per game per day on all SoLow Games, including premium games, for $9.99/month. To stop receiving the security code confirmation text messages or to cancel a service at any time, text "STOP" to 23687. SoLow Elite subscription or other premium game charges are applied to your cell phone bill or prepaid balance. NO PURCHASE OR SMS MESSAGE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. Please see the Official Rules to play without purchase or SMS message. The promotion is only open to legal U.S. residents who are 13 years or older, and minors must get parent or legal guardian's permission to enter. Void where prohibited by law. Premium games are void in and to residents of Georgia. You must be 18 or older to participate in the following states: Florida, Maine. To participate, you must be the named account holder of a mobile device with wireless Short Message Service (SMS) or have access to a residential phone line. See individual prize rules for additional eligibility restrictions, prize descriptions/restrictions, ARVs, alternative means of entry, and complete details. Subscriptions automatically renew unless cancelled. SoLow service is available for AT&T, Verizon Wireless, Sprint, Boost, Nextel, Alltel and T-Mobile. Message and data rates may apply. Text "HELP" to 23687 at any time for more information about how to play. You can also contact SoLow customer service at help@solow.com or by calling 1-877-402-3687.