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 for U.S. residents, or for Canadian residents, see http://www.solow.com/company/privacy_policy_canada.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. A PURCHASE OR PAID GUESS DOES NOT IMPROVE YOUR CHANCE OF WINNING. ODDS OF WINNING DEPEND ON THE NUMBER OF GUESSES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
This Game is sponsored by SendMe Inc. d/b/a SoLow ("Sponsor"), 150 Spear Street, 14th Floor, San Francisco, CA 94105, USA.
The prize in this Game is a Apple iPad (the "Prize"). The approximate retail value (“ARV”) of the Prize is USD$499.99. "Winning Player" (as defined below) may elect to accept the ARV in cash in lieu of the Prize (the "Cash Option").
Prize is non-assignable and nontransferable. Prize cannot be used in conjunction with any other promotion or offer. Prize(s) 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 Prize not specified in these Rules will be determined by Sponsor in its sole discretion.
The ARV of the Prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the Prize is awarded or redeemed. If the actual purchase price of a prize is less than the ARV or MSRP stated herein, the Winning Player will NOT be entitled to a check, cash or other form of payment for the price difference. If Winning Player opts for the Cash Option, he/she will receive the ARV as it is listed in these Rules.
The Game is open only to legal residents of the United States, the District of Columbia, and Canada (excluding Georgia, Puerto Rico and Quebec) who are thirteen (13) years of age or older at the start of the "Promotion Period" (as defined below). Any player who is under the age of majority in his or her state, province, or territory of residence (a "Minor") must have 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 Florida. This Game may only be entered and played in or from the United States (excluding Georgia and Puerto Rico) and Canada (excluding Quebec). Players from outside the United States (including Puerto Rico) and Canada (excluding Quebec) are not eligible to participate or to win a prize. This Game is void in Georgia, Puerto Rico and where prohibited by law.
Employees, officers and directors of Sponsor and its parent and affiliate companies, advertising and promotional agencies, as well as the immediate family (spouse, parents, siblings and children, regardless of where they live) and household members (whether related or not) of each such employees, officers and directors are not eligible.
The playing period for the Game will begin on Jul 30, 2012 5:00:00 PM (PT) and end on Aug 27, 2012 5:00:00 PM (PT) (the "Promotion Period"). All guesses must be submitted during the Promotion Period to be eligible.
Each Game is played for a predetermined amount of time (the Promotion Period), during which players may submit guesses (each, a "Guess") for the 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 (and including) 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.
Subject to the other Rules herein (including, for residents of Canada only, correctly answering the skill-testing question), the eligible player who guesses the "Lowest Unique Number" (as defined below) during the Promotion Period, will be eligible to be declared potential winning player (the "Winning Player"), subject to verification of eligibility and compliance with the other terms of these Rules. 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 Rules (including, for residents of Canada only, failing to correctly answer the skill-testing question), the potential Winning Player will be disqualified and forfeit the Prize, and the person with the next Lowest Unique Number will eligible to be declared the Winning Player under these Rules, and will be similarly subject to disqualification on the same basis. A Prize must be accepted, if at all, within the time frame specified by Sponsor in each instance. This confirmation of eligibility and disqualification process will continue until the eligible Winning Player with the Lowest Unique Number accepts the Prize (and related terms and conditions). In the event there is no Lowest Unique Number, Sponsor may choose the Winning Player of the Game by a random drawing from all eligible Guesses received during the Promotion Period. If a resident of Canada is determined to be the potential Winning Player, he/she will need to correctly answer a new skill-testing question before being declared the Winning Player.
Players may enter by submitting a Guess during the Promotion Period in the following three (3) ways:
To Enter Via Short Message Service ("SMS"): Only customers of Alltel, Boost, AT&T, Dobson, Nextel, T-Mobile and Verizon Wireless in the U.S., and Bell Mobility, Aliant, Rogers Wireless, Fido, TELUS Mobility in Canada (each a participating "Wireless Carrier") may enter via 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 participate via SMS by sending a text message from your wireless phone with your Guess to 65555 (for AT&T, Nextel and Alltel users in the U.S.) or 23687 (for Verizon Wireless and T-Mobile users in the U.S. and Bell Mobility, Aliant, Rogers Wireless, Fido and TELUS Mobility in Canada). To submit a Guess, text the desired text descriptor associated with each Prize (as shown on www.solow.com), and 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 Prize.) Players wishing to submit a guess by SMS will be required to subscribe to the SoLow Elite service unless the player is already a current subscriber. 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 65555 (for AT&T, Nextel and Alltel users in the U.S.) or 23687 (for Verizon Wireless and T-Mobile users in the U.S. and Bell Mobility, Aliant, Rogers Wireless, Fido and TELUS Mobility in Canada) 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. The ability to submit a Guess via SMS entry 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 a player 's chances of winning.
To Submit an Online Guess ("Online"): You may also submit a Guess through the solow.com website located at http://www.solow.com ("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. Online Guesses are treated the same as SMS guesses. Players wishing to submit a Guess via Online entry will be required to subscribe to the SoLow Elite service unless the player is already a current subscriber. This fee is in addition to any regular charges, fees or taxes your cellular phone bill carrier charges you for text messaging service in accordance with your particular wireless plan, and will show up on your regular cell phone bill. Only customers of participating Wireless Carriers may be eligible to play the Game using an entry through the Website.
To Submit a Guess for Free by Regular Phone ("Free Guess"): You may submit a Free Guess by calling 866-494-4432 from your residential, land-line phone and following the prompts to select the Prize for which you are submitting a Guess, then, when prompted, dial the amount of your Guess without punctuation. 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. Any attempt to exceed the maximum number of entries per Prize per day may result in disqualification.
Waiting Period: THERE IS A LIMIT OF ONE (1) PRIZE PER PERSON AND/OR PER HOUSEHOLD THROUGH ANY SOLOW.COM PREMIUM AND/OR NON-PREMIUM GAME PER (30) THIRTY-DAY PERIOD ("WAITING PERIOD"). THE WAITING PERIOD DOES NOT APPLY TO RESIDENTS OF CANADA. ANY ATTEMPT TO CIRCUMVENT THE WAITING PERIOD BY CREATING MULTIPLE ACCOUNTS OR IN ANY OTHER MANNER WILL RESULT IN IMMEDIATE DISQUALIFICATION FROM THIS GAME AND ALL OTHER CURRENT OR FUTURE GAMES CONDUCTED BY SPONSOR.
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 Winning Player, 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, SMS and/or telephone call using contact information provided at the time of participation in its sole 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. Once a Winning Player accepts the Prize, a binding legal contract is made for the transfer of the Prize between Sponsor and the Winning Player subject to the potential Winning Player complying with all of the terms in the Rules.
Except where prohibited, the potential Winning Player must sign and return to Sponsor, within five (5) days of notice (or such shorter time as exigencies may require) or attempted notice being sent, an affidavit/declaration 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 five (5) days after the first attempt to contact him/her or if he/she fails to sign and return the Prize Claim Documents 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. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of the Prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If a winner is considered a Minor in his/her state, province, or territory of primary residence, at Sponsor 's option, the Prize either will be awarded in the name of a parent or legal guardian of such Minor, or a parent or legal guardian of such Minor 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, Washington D.C, or Canada (excluding Georgia, Puerto Rico and Quebec). All federal, state, provincial, territorial and local taxes and duties (and the reporting consequences thereof, and other expenses not specifically identified as included as part of the Prize) are the sole responsibility of the Winning Player. Winning Players of prizes valued at $600 or more in a single calendar year will receive a 1099 form in the beginning of the following calendar year.
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, the participating Wireless Carriers, 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.
Winning Player 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 Winning Player '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 Winning Player 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 Winning Player '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 Winning Player 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 Winning Player 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 is 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 Rules may be prohibited from playing current and future games, in Sponsor 's sole and absolute discretion.
For any legally-required winner 's list, send a self-addressed, stamped envelope no later than twenty (20) days after the Promotion Period to: Sponsor Results, c/o SendMe Inc., 150 Spear Street, 14th Floor, San Francisco, CA 94105. Requests must specify the particular Game. Residents of Canada can omit return postage.
By participating in the Game, players agree to Sponsor 's collection, use and disclosure of their personal information in accordance with Sponsor 's Privacy Policy, which may be found at http://www.solow.com/company/privacy_policy.html for U.S. residents, or for Canadian residents, please see http://www.solow.com/company/privacy_policy_canada.html.
Terms & Conditions: Content provided by SendMe, Inc. subscribers to the SoLow service receive up to 20 guesses per game per day on the No Charge SoLow Games. Sprint, Verizon Wireless, Bell Mobility and Bell Aliant customers: to stop receiving the security code confirmation text messages or to cancel a service at any time, text STOP or ARRET to 23687. AT&T and T-Mobile customers: to stop receiving the security code confirmation text messages or to cancel a service at any time, text STOP to 76955. Alltel customers: to stop receiving the security code confirmation text messages or to cancel a service at any time, text STOP to 65555. All purchases must be authorized by the account holder.
SoLow Elite subscription and other 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 Rules to play without purchase or SMS message. The promotion is only open to legal U.S. residents who are 13 years or older. Minors must get parent or legal guardian's permission to enter. Void in Puerto Rico and where prohibited by law. Premium games are void in and to residents of Georgia. You must be 18 or older to participate in Florida. Elsewhere, users must be age 18 or older or have parental permission to participate. Beginning November 12th, all new games will be open to residents of Canada over 18 years old (excluding Quebec). 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. List of participating wireless carriers is subject to change at any time. Message and data rates may apply.
Sprint, Verizon Wireless, Bell Mobility and Bell Aliant customers: text HELP, INFO or AIDE to 23687 at any time for more information about how to play. AT&T and T-Mobile customers: text HELP to 76955 at any time for more information about how to play. Allied Wireless and Alltel customers: text HELP to 65555 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. [ID: 16]