Mobile Messenger
"BidandWin" Sweepstakes

Official Rules
(11/01/09)

NO PURCHASE NECESSARY.
MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO AND WHERE RESTRICTED OR PROHIBITED BY LAW.

OVERVIEW: You are entering a promotion which is set up in the style of an auction, whereby entrants will be invited to place bids (the "Bid") on an item (the "Prize"). The entrant who has the "Lowest Unique Bid", as hereinafter defined, will be named the "Successful Bidder", and, will win the Prize. The Lowest Unique Bid is defined as the lowest bid in U.S. dollars and cents for the Prize that is closest to one cent ($.01), but which has not been selected by another entrant. Bids are used to solely determine the winner, and as a winner, you are not required to purchase or pay shipping charges on the Prize.

ELIGIBILITY: The "BidandWin" Sweepstakes (the "Promotion") is open to legal residents of the United States and the District of Columbia who are eighteen years of age older, in their state of residence, at the time of entry. Any entrant who is under the age of legal majority in his or her state of residence (a "Minor") should get his or her parent's or legal guardian's permission to enter. Employees, officers and directors of Sponsor, their affiliates, subsidiaries, agents and advertising and promotion agencies involved with this Promotion, as well as their immediate family members (defined as parents, spouse, children, siblings and grandparents) and those living in the same household of each such employee, officer and director are not eligible to enter. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the wireless phone or the email address used to submit a Bid at the time of entry. Sponsor may ask any Successful Bidder or Chosen Winner to provide Sponsor with proof that such party is the authorized account holder of the wireless phone or email address associated with the Lowest Unique Bid.

TIMING: A "month" begins at 12:00:01 AM (PT) on November 1, 2009 and ends at 11:59:59 PM (PT) on November 31 2009. A day begins at 12:00:01 AM (PT) and ends 24 hours later at 11:59:59 PM (PT). The Sponsor's Computer is the official time keeping device for the Promotion.

PARTICIPATION: Each Participant must first register at www.BidandWin.com. If you wish to participate in the Promotion via text messaging, you must complete the cell phone number field. If you wish to participate via the Internet, you must complete the registration form. If you wish to participate using both methods, you must complete both the cell phone number field and the registration form.

1) Participation by Text Message: the BidandWin Service is an auto renewing subscription service that will continue until cancelled anytime by texting STOP to short code 21500. Available to users over 18 for $9.99 per month charged on your wireless account or deducted from your prepaid balance on AT&T, Unicel and Cellular One. The aforementioned customers will receive 20 bids per day plus 2 ringtones per month. If your handset does not support ringtones, you will instead receive 2 Amazing Facts per week. Verizon Wireless customer will receive 20 bids per day plus 1 ringtone per week for $9.99. If your Verizon handset does not support ringtones, you will instead receive 1 Horoscope per day. Cincinnati Bell, US Cellular and Centennial Wireless customers will be billed at $9.99 per month receiving 20 bids per day plus 2 Amazing Facts text alerts per week. For Bid and Win help, text HELP to 21500, email, bidandwinusa@sms-helpdesk.com or call 1800 235 7105 for automated help or call 1800 416 6129 for a live operator. Message and data rates may apply. Product is not compatible with all cell phone models. Your phone must support ringtones, be Internet-enabled, and have text messaging capability. By signing up for this service and by entering your personal PIN Code which will be sent to the cell phone number supplied by you on this website, or by sending a unique keyword to 21500 you acknowledge that you are subscribing to our service. You must be the owner of this device or have the permission from the owner, be a legal US resident (excluding residents of the states of Florida and New York) and at least eighteen years old. This service is subject to the BidandWin Official Rules.

2). Free Method of Entry: No purchase necessary. As part of this service you are entitled to bid and win on prizes via text message or online at www.bidandwin.com. Charges will be billed on your wireless phone bill or deducted from your pre-paid balance. To win a prize, the participant must provide the lowest unique bid for that prize as defined in these Official Rules available at bidandwin.com. Your subscription automatically renews if not cancelled. Odds for any prize depend on the number of bids for that prize. See instructions at bidandwin.com on how to play without subscribing to the paid service. Promotion subject to these official rules at www.bidandwin.com. Void where prohibited.

Entrants are limited to placing a total of twenty (20) Bids per day, regardless of method of entry (whether by SMS Entry, Web Entry, or any combination of SMS entry and Web Entry). Bids, once made, become the sole property of Sponsor.

BIDDING: Bids may only consist of positive whole numbers not including 0 (e.g., no fractions, decimals or negative numbers). All Bids received by Sponsor during the Promotion Period will have a chance to be the Lowest Unique Bid. To place a Bid by cell phone, simply text the word corresponding to the Prize on which you are bidding and the numeral representing your Bid, without punctuation. For example, if the dollar amount of your Bid is $1.68 text "168" or sign-in to your account at www.BidandWin.com, click on the prize on which you would like to Bid and enter your Bid in the entry field.

NOTIFICATION FROM SPONSOR: A few minutes after you submit a Bid you will receive a notification from Sponsor. The notification will inform you of the status of your Bid in relation to all other Bids that have been received. If you submitted an SMS Entry your notification will be sent via SMS to your wireless phone from the Sponsor. If you submitted an Internet entry, your notification will happen within a few seconds on the web interface. Regular carrier charges for SMS may apply in connection with notifications from Sponsor. During the Promotion Period, Sponsor, at its discretion, may send entrants additional notifications concerning auction status.

WINNING: The Successful Bidder shall be identified by Sponsor, at the end of the Promotion Period. In the event that there is no Lowest Unique Bid, and, therefore, no Successful Bidder, Sponsor will choose a winner randomly from among all eligible entries received, who will become the "Chosen Winner". Each bid will be treated as an eligible entry. The Successful Bidder, or Chosen Winner, (collectively to be referred to as "Winner"), will be notified by SMS, email, or telephone. The Winner must comply with all terms and conditions of these Official Rules. The Sponsor reserves the right to request a photograph and testimonial from each Winner before awarding the Prize. The Winner (or a parent/legal guardian, if the Winner is a Minor in his/her state of residence) must sign and return to Sponsor, within ten (10) days of first attempted notification, an Affidavit of Eligibility, a Liability Release, and except where prohibited, a Publicity Release (collectively, the "Releases"), in order to receive the Prize. If the Winner cannot be contacted within ten (10) days after the first attempt, or if he/she fails to sign and return the Releases and provide a picture with a testimonial within the allotted time period, an alternate entrant will be selected by identifying the next Lowest Unique Bid, or by a second random drawing. This process will continue until a valid Successful Bidder or Chosen Winner is found that complies with all required terms and conditions. Odds of winning the Prize depend on the number of eligible Bids received. An IRS form 1099 will be issued to any Winner receiving a Prize valued at $600 or more.

PRIZES:
Monthly Guaranteed Prizes: During each month of the Promotion, auction Prizes in the following categories may be offered: Electronics, Audio, Cell Phones/PDA's/GPS, Computers, Digital Cameras, MP3 players, Video Gaming and Accessories, Beauty and Health, Home appliances, General Merchandise, Travel, or Gift Cards.
Prizes for the month of November are as follows:

  • Sony Cybershot 12.1 Megapixel Digital Camera - Sony's Cybershot 12.1 megapixel camera makes capturing special moments painless with image stabilization and face detection technology for clear, detailed images. Product Features include a 12.1-megapixel CCD, Carl Zeiss Vario-Tessar lens with 4x optical zoom/25x digital zoom, 2.7" Clear Photo LCD screen,  Super SteadyShot optical image stabilization and high sensitivity, Dynamic Range Optimization; Face detection technology. Intelligent scene recognition. Scene modes, Burst modes, balance modes, flash & color modes; Capture high-quality video clips; Stamina battery power. Valued at $199.99
  • Nintendo Wii Starter Bundle - the Nintendo Wii starter bundle the bundle includes: Console; additional Nunchuk controller; and Wii Play with Wii Remote controller. Bundle provides extra accessories and fun: Nunchuk controller, and Wii Play (with extra Wii remote), Easy yet exciting playability makes the Wii fun for players of any age or skill level. Valued at $268.99
  • Apple 3GS iPhone - the iPhone 3GS combines three devices in one: a revolutionary mobile phone, a widescreen iPod, and a breakthrough Internet device. Features include video, voice control, 3 mega-pixel camera, compass, cut&paste, messaging, search, memos, desktop-class email, an amazing Maps application, and Safari - the world's most advanced mobile web browser. improved performance and updated 3D graphics. Valued at $299.99
  • Toshiba 17.3" Laptop - This Toshiba Notebook is designed to ensure technology is seamlessly integrated into your every-day life including Reliability & Connectivity, Personality, Visibility, Entertainment, Environment. Features include High Definition Plus display, Stylish finish, CD/DVD buttons, HDMI connection, PC Health Monitor and  Face recognition. Valued at $599
  • Toshiba 42" HDTV - The 42" Toshiba Regza 1080p Widescreen HDTV brings fine art-quality color in an elegant frame! Regza features superior PixelPure 5G 14-bit digital video processing with ColorMaster Wide Color Enhancer and DynaLight dynamic backlighting, so you'll see an extended range of natural colors and crisp detail, automatically adjusted to give you perfect brightness. Also Features 4 HDMI input ports, a pair of Component inputs, and a high-resolution PC input on the Regza, for convenient connections. Valued at $1199
  • iHome clock radio for apple iPod and iPhone - the iHome clock radio features high-fidelity Reson8 speakers and bass, treble, 3D and balance controls for rich, amazing audio.The iHome is a great clock radio, and of course it's great for compatibility with iPods and iPhones. Valued at $99.99
  • Movie Bundle - Insignia Blu-ray player + I love you man and Adventureland - Winner receives a movie bundle including an Insignia's Blu-ray Disc Player as well as two Brand NEW Movie Releases - I  Love You Man and Adventureland. Valued at $214.98.
  • $100 Forever21 gift card - Winner receives a gift card for Forever21. Celebrated by many style conscious and trend-savvy shoppers, Forever 21 has quickly become the source for the most current fashions at the greatest value. Forever 21 is growing quickly, featuring new and exciting store environments, a constant flow of fun and creative clothing designs and the accessories to make your look come together at the right price. Valued at $100.
No substitution or transfer of prize is permitted, and no cash equivalent for any prize is offered, except at the sole discretion of the Sponsor. Sponsor reserves the right to issue a Gift Card to a retailer of Sponsor's choice for any auction item. Sponsor may also substitute a prize of equal or greater value, due to unavailability or circumstances beyond Sponsor's reasonable control. There is a limit of one Auction Prize per person, household, family, cell phone number, email address or Account within each consecutive 30 day period.


GENERAL CONDITIONS: All federal, state, and local taxes on Prizes won are the sole responsibility of the Winner, and Winner acknowledges that the value of the Prize may be considered taxable income. Participation in the Promotion and acceptance of the Prize constitutes Winner's permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Winner regarding the Promotion or Sponsor for advertising and promotional purposes without notice or additional compensation, in any media now known or hereafter developed (including posting Winner's name on the Internet), except where prohibited by law. By participating, all entrants and Winners agree to release and hold harmless the Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, 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 participation in the Promotion, or possession, acceptance and/or use or misuse of any Prize offered, or for any claims based on publicity rights, defamation, invasion of privacy or merchandise delivery. Entrants who do not comply with these Official Rules or attempt to interfere with the Promotion in any way shall be disqualified. Sponsor is not responsible for any printing, typographical, mechanical, human or other errors in these Official Rules, in the administration of the Promotion, in the announcement of the Prizes, and/or in any advertising or other associated promotional materials in connection with the Promotion. US carriers:AT&T, Unicel, Cellular One, Verizon Wireless, Cincinnati Bell, US Cellular, Centennial Wireless or each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not sponsors of this Promotion, and none of the above-listed entities will have any liability or responsibility for any claim arising in connection with participation in this Promotion or any prize awarded.

All entrants acknowledge the acceptance of and compliance with these Official Rules including all eligibility requirements included herein. Sponsor is not responsible for entries that are incomplete, lost, delayed, and/or misdirected, or for typographical errors in the rules or any problems or technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, cellular telephone related or otherwise, computer on-line systems, servers or providers, computer equipment, software, failure on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, including injury or damage to Entrant's or to any other person's computer or telephone related to or resulting from participating or downloading materials contained in the Promotion. If for any reason the Promotion is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor may choose, in its sole discretion to cancel, terminate, modify or suspend the Promotion. Should the Promotion be terminated or cancelled prior to the stated expiration date, notice will be posted on the Sponsor's Website, and any entries received prior to the termination or cancellation will be included in each of the stated drawings. Sponsor reserve the right at their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Promotion (or any website associated therewith), or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Further, the use of any robotic system, agent, automated entry devices, and/or other programs and/or software to submit entries in connection with this Promotion is prohibited and will result in disqualification.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND THEIR DESIGNEES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

WINNER'S LIST/OFFICIAL RULES: For the names of winners and/or a hard copy of these Official Rules, email bidandwin@mrichi.com or call 888-300-9724. You can also mail your request to MRI Inc., ATTN: BidandWin US, 945 Oaklawn Ave. Elmhurst IL, 60126. Please indicate Rules Request or Winner Confirmation on the outside of envelope.

SPONSOR: BidandWin US, 6601 Center Drive West Suite 700, Los Angeles CA 90045

None of the manufacturers of prizes are participants in or Sponsors of this promotion.

Virgin Mobile USA, ATT, Cincinnati Bell, Verizon Wireless, Cellular One, Centennial Wireless, Alltel, Boost and Cricket are not participants in or Sponsors of this promotion.

Privacy


BidandWin is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build users' trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the site [WWW.URL OFSITE.COM]. Because this web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
If you have questions or concerns regarding this statement, you should first contact Customer Service by email . If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with the Web site to resolve your concerns.
Information Collection & Use
By playing the BidandWin reverse auction competition You will receive messages which include notifications. In order to play, you must first enter your cell phone number and opt-in with the personal identification number sent to your cell phone. During registration, you are required to give your contact information (such as cell phone and/or email). We only use this information to contact you about the services on our site in which you have expressed interest. We do not share, sell, rent, or trade your personal information with third parties for promotional purposes unless expressly stated.

Surveys
From time-to-time we may provide you the opportunity to participate in surveys on our site. If you participate, we will request certain demographic information from you. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes demographic information (such as age and gender). We use this information to rate our performance and help enhance user experience for our targeted audience.

BidandWin uses a third party service provider to conduct these surveys; that company is prohibited from using our users' personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through the survey with other third parties unless we give you prior notice and choice.

3rd Parties
We provide you the opportunity to participate in surveys and auctions on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or auctions is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code).

We use this information to notify contest winners and award prizes, to monitor site traffic, personalize the site, to send participants an email newsletter.

We use third party service providers to conduct these surveys and prize fulfillment; those companies are prohibited from using our users' personally identifiable information for any other purpose.

Special Offers and Updates
We will occasionally send you information on [products, services, special deals, promotions] [You can sign up for these emails from us on our registration page.]

Out of respect for your privacy, we present the option not to receive these types of communications. Please see the "Choice and Opt-out."

Newsletters
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the "Choice and Opt-out" section.

Service-related Announcements
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. [You may opt-out of these communications. Please see "Choice and Opt-out."]

BidandWin is the sole owner of the information collected on www.bidandwin.com. All Our employees who have access to personally identifiable information are obliged to respect the confidentiality of that information.

Security
The security of your personal information is important to us. When you enter sensitive information (such as your mobile number) to register, we encrypt that information using secure socket layer technology (SSL). [To learn more about SSL, follow this link [http://en.wikipedia.org/wiki/SSL_Certificate].]

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can send email us at Customerservice@bidandwin.com.

Cookies
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.

We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. To learn more about the cookies Click Here.

We set a persistent cookie to store your passwords, so you don't have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.

If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as surveys, will be limited.

Some of our business partners (e.g., advertisers) use cookies on our site. We have no access to or control over these cookies. See "Third Party Advertisers."

This privacy statement covers the use of cookies by BidandWin only and does not cover the use of cookies by any advertisers. See the "Third Party Advertisers" section.

Clear Gifs (Web Beacons/Web Bugs)
We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers' personally identifiable information.

Third Party Advertisers
The ads appearing on this Web site are delivered to users by Google, our advertising partner. We share Web site usage information about users for the purpose of targeting our Internet banner advertisements on this site.

Google uses cookies and clear GIFs on this site, which allow it to recognize a user's cookie when a user visits this site. The information that Google collects and shares through this technology is not personally identifiable.

For more information about our third-party advertiser, or to learn more about the choices available to you regarding this anonymous information, please Click Here.

Changes in this Privacy Statement
If we decide to change our privacy policy, we will post those changes to this privacy statement, the page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Should you need to correct or update your personal information you can log into your account and click on the My Accounts page.

Contact Us
If you have any questions or suggestions regarding our privacy policy, please contact us at customerservice@bidandwin.com

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.