Terms of Service - You must be the account holder of this device or have the permission from the account holder. 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 and Cincinnati Bell. The aforementioned customers will receive 20 bids per day and 2 ringtones per month. For T-Mobile, 20 bids per day and 4 ringtones per month. For 20 bids per day and 1 Ringtone per week. U.S. Cellular, 20 bids per day and 2 Amazing Facts text alerts per week. For Bid and Win help, text HELP to 21500, 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 a legal US resident (excluding residents of the states of Florida and New York) and at least eighteen years old. Call for your money back within first 30 days of service if you are not satisfied. This service is subject to the BidandWin Official Rules Please click here to see Official Rules.
No purchase necessary. As part of this service you are entitled to bid and win on prizes via text message or online at bidandwin.com. To win a prize, the participant must provide the lowest unique guess for that prize as defined in Official Rules available at bidandwin.com. Odds for any prize depend on the number of guesses for that prize. See instructions at bidandwin.com on how to play without subscribing to the paid service. Promotion subject to official rules at bidandwin.com . Void where prohibited.
Terms and Conditions ("Terms") | Official
Rules
Revised Effective 1/17/2013
U.S. Patent No's 7,403,788 and 7,792,518
IMPORTANT - BY USING THIS WEBSITE ("SITE"), INCLUDING SELECTING THE YES
OPTION WHEN YOU DOWNLOAD ANY MATERIAL FROM THE SITE, YOU AGREE TO BE BOUND BY
THESE TERMS. THESE TERMS INCLUDE (I) A WAIVER OF CLAIMS BY YOU AGAINST YOUR WIRELESS
CARRIER OR COMPANY'S SUPPLIERS (Section 11); AND (II) YOUR CONSENT THAT ANY
DISPUTE WILL ONLY BE RESOLVED THROUGH BINDING ARBITRATION (Section 12), AN
OBLIGATION FROM WHICH YOU ARE ENTITLED TO OPT OUT. These Terms are the terms of an agreement ("Agreement") between Site user
("you") and Mobile Messenger Bid and Win US Inc. (the "Company") which govern your use of the Site and
all Downloads (as defined below) from the Site (collectively, the
"Service"). By your use of the Service you represent that (a) you have read and
understood this Agreement and agree to be bound by its Terms, (b) you are the
person or entity responsible for the wireless account associated with the
mobile number provided, (c) you are responsible for all services used through
that wireless account, and (d) you are at least 18 years of age. If you do not agree to be bound by (or cannot comply with) any of the
terms and conditions of this Agreement, do not continue the download process
by clicking on "CANCEL" or closing the internet browser window you have
opened. The Service is available via supported wireless devices, making
available to you downloadable data, messages, chat services, information and
mobile entertainment, such as ringtones, voice mail, games and graphics
(collectively, the "Downloads"). Once you have subscribed to the Service, your
mobile phone bill will be charged, and you will receive credits which you may
use to receive Downloads at your registered mobile device. You agree that you will not allow unauthorized individuals to use your
account as identified by your cellular phone number. You agree to indemnify and hold harmless, the Company, its partners,
parents, subsidiaries, agents, affiliates or licensors, as applicable against
any improper, unauthorized or illegal uses of your account. The Company shall be entitled to rely on the assumption that the
person or entity responsible for the wireless account for mobile handset to
which content is downloaded is responsible for all use of the Service through
that wireless account. Except for a refund you may request when you cancel
within the first 30 days of Service, the Company will not issue refunds to
persons or entities claiming that they did not authorize the use of their
wireless account to receive a Download or that they did not authorize the
incurring of any cost or expense in connection with any such
Download. You acknowledge that certain Downloads accessible via the Service
will only be supported by certain types of wireless device. For example, to
download a polyphonic ringtone, you must have a wireless device that (a)
supports polyphonic ringtones, (b) supports text messaging, and (c) has a plan
that supports wireless Internet access. Similarly, to download a monophonic
ringtone, your wireless device must support monophonic ringtones and your plan
must support text messaging. The Company shall not be responsible for any
attempted Download not supported by your wireless device, and if you attempt
to download any Download that cannot be supported by your wireless device, you
agree that you will not be entitled to any refunds or credits. If you fail to
receive a Download because of network congestion or unavailability, you may
contact the Company by email, and the Company will redeliver such Download. Except for a refund
>you may request when you cancel within the first 30 days of Service, in no
>event will the Company provide any refunds to you for the inability to
>download any Downloads. You may use the Service only in accordance with the Terms of this
Agreement and any amendments, as well as any additional terms that may be
presented in connection with any particular feature or function of the Service
from time to time. The Service is for your personal use. You understand and agree that
you may not transmit or re-transmit, broadcast or re-broadcast or make any
commercial use of the Service, including the Downloads. For example, you may
not copy or distribute the Service or the Downloads in any manner not
expressly authorized by the Service. You may not attempt (or authorize, encourage or support others'
attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter
or interfere with the Service, including the Downloads. You agree to advise
the Company promptly of any such unauthorized use(s) or attempt(s). You
understand and acknowledge that the Downloads made available as part of the
Service are owned or licensed by the Company or its affiliates. You agree to
be responsible for all damages, costs and expenses, including reasonable
attorney's fees, incurred by the Company as a result of any such unauthorized
use or attempts. The Company grants you a limited, non-exclusive, non-transferable,
revocable right to download the Downloads to your compatible device solely for
your own non-commercial use. You understand and agree that you may not
download, reproduce, modify, display, perform, transfer, distribute or
otherwise use the Downloads except as expressly provided in this Agreement.
You understand and agree that you may not authorize, encourage or allow any
Downloads used or obtained by you to be reproduced, modified, displayed,
performed, transferred, distributed or otherwise used by any other party, and
you agree that you will take all reasonable steps to prevent any unauthorized
reproduction or other use of them. You agree to defend, indemnify and hold
harmless the Company for any damage, cost or expense, including reasonable
attorney's fees, incurred by the Company resulting from any breach by you of
the provisions of this subparagraph. Please direct any questions concerning the Service to the Company's
Customer Service department by email or 1 800 235 7105 . By requesting a Download, you authorize your wireless carrier to charge
appropriate fees directly to your wireless service bill. You agree that your wireless carrier is authorized to collect any
applicable taxes and impose any applicable premium surcharges that may apply
to the use of certain features of the Service. The Company may include in the Service the ability for you to make
electronic purchases. You acknowledge and agree that these Terms, govern those
purchases. You may withdraw your consent to enter into such further electronic
agreements by giving written notice to the Company in the manner described in
these Terms or otherwise published by the Company. But you will remain
responsible for any charges, costs, or taxes incurred prior to the Company's
receipt of that revocation. The Company is not
responsible to you for any content or materials contained in all or part of
any Download or any other aspect of the Service that you might find
objectionable. The Company respects the intellectual property rights of others, and it
expects you to do the same. If you know of or suspect that any use of the
Service or the Downloads constitutes copyright infringement, please send a
notice to the Company's Customer Service department by email
. The notice must contain the following information: (a) a physical or
electronic signature of the copyright owner or a person authorized to act on
the copyright owner's behalf; (b) description of the copyrighted work(s) that
is/are allegedly being infringed; (c) the location of the allegedly infringed
work(s); (d) your current contact information (e.g. address, phone number, and
email address); (e) a statement that you have a "good faith belief" that the
use of the complained-of copyrighted work(s) is not authorized by the
copyright owner, its agent, or the law; and (f) a statement by you signed
under penalty of perjury that all the information you provide in the notice is
accurate and that you are the copyright owner or a person authorized to act on
the copyright owner's behalf (all of this collectively is a "Notice"). All
trademarks, service marks, trade names, domain names, slogans, logos, and
other indicia of origin that appear on or in connection with the Service are
the property of the Company or its affiliates, licensors or licensees. You may
not copy, display or use any of these marks without prior written permission
of the mark owner. You agree to defend, indemnify and hold harmless the
Company for any damage, cost or expense, including reasonable attorney's fees,
incurred by the Company resulting from your unauthorized use of the
intellectual property rights of others. The Company or its business partners may present advertisements and
promotional materials on or through the Service. Your participation in any
Company promotional event is subject to the terms and conditions associated
with that event. Your correspondence or business dealings with, or
participation in promotions of, any third-party advertisers on or through the
Service, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such third-party. You acknowledge that
neither the Company nor its business partners shall be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
with third parties. The Service may present links to retailers or other third-party websites
not owned or operated by, nor under the control of, the Company. These links
are provided only as a convenience to you and are not intended by the Company,
nor do you consider them as, an endorsement by the Company of those sites or
of the content contained therein. Neither the Company nor its business
partners are responsible for the availability of these third party sites or
the content on those sites. You acknowledge that neither the Company nor its
business partners are responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with your
use of or reliance on any content of any such site or goods or services
available through any such site. You should direct any concerns regarding
these third-party sites to those sites' administrators. Modifications to Terms. The Company may from time to
time amend, supplement or modify any Terms (except for the subscription price)
and will post a copy of such amended Agreement on this website. If you do not
agree to be bound by (or cannot comply with) the Agreement as amended, you
agree that your sole remedy is to cease using the Service by texting "STOP" to
21500, or otherwise contacting Company to discontinue the
Service. Your continued use of the Service constitutes your knowledge and
acceptance of this Agreement and any modifications or amendments to any
non-price terms of the Agreement, and you expressly consent and agree to be
bound by the amended Agreement. Modifications to Service. The Company reserves the
right from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice to you. You agree
that neither the Company nor its affiliates or licensors shall be liable to
you or to any third party for any modification, suspension or discontinuance
of the Service. The Company may in its sole discretion terminate this Agreement or
suspend your account at any time with or without notice to you if you breach
(or if the Company reasonably suspects that you have breached) any provision
of this Agreement. If the Company terminates this Agreement, or suspends your
account for any of the reasons set forth in this paragraph, it shall have no
liability or responsibility to you, and the Company will not refund any
portion of any fees paid by you for the use of the Service. You understand and
agree that your cancellation of your account is your sole right and remedy
with respect to any dispute with the Company. This includes, but is not
limited to, any dispute related to or arising out of: (a) any term of this
Agreement or the Company's enforcement or application of the same; (b) any
policy or practice of the Company, including its Privacy Policy, or the
Company's enforcement or application of these policies; (c) the Downloads; (d)
your use of or ability to access and use the Service; and (e) the amount or
type of fees, surcharges, applicable taxes, billing methods, or any change to
the fees, applicable taxes, surcharges or billing methods. Within the first
30 days of Service, if you are not completely satisfied for any reason, you
may cancel service and request a full refund of all charges, by calling 1 800
235 7105. Except for a refund you may request when you cancel within the first 30
days of Service, the Company will not refund any fees, on the basis that the
requested Download is not compatible with your handset. It is your
responsibility to test if your phone is compatible with monophonic, polyphonic
or truetone ringtones, or with any Download. You understand and agree that your use of the
Service and the Downloads is at your own sole risk. THE SERVICE AND THE DOWNLOADS ARE PROVIDED "AS IS" AND WITHOUT
WARRANTY BY THE COMPANY OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES,
AFFILIATES, LICENSORS, BUSINESS PARTNERS OR SUPPLIERS (THE "COMPANY'S
ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE
LAW, THE COMPANY AND THE COMPANY'S ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN ADDITION, TO THE
MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY AND THE COMPANY'S
ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL REPRESENTATIONS
OR ENDORSEMENTS, WITH REGARD TO THE SERVICE, THE DOWNLOADS, MERCHANTS,
INFORMATION OR PRODUCTS OFFERED OR REFERRED TO ON THE WEBISTE. THERE IS NO
WARRANTY THAT THE SERVICE OR THE DOWNLOADS WILL MEET YOUR REQUIREMENTS, OR
THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY
OR THE COMPANY'S ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE
OR THE DOWNLOADS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY
CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD THE COMPANY OR THE
COMPANY'S ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT
FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, OR THE DOWNLOADS
INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR
DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT
FROM THAT USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON
SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO THE COMPANY OR THE
COMPANY'S ENTITIES AS APPLICABLE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR THE COMPANY'S ENTITIES
AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE OR THE
DOWNLOADS. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR THE COMPANY'S ENTITIES
AS APPLICABLE, BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL,
PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER
BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT, OR OTHERWISE,
ARISING OUT OF OR RELATED TO THE PURCHASE OF THE SERVICE OR ANY DOWNLOAD, OR
ANY USE OR INABILITY TO USE THE SERVICE OR THE DOWNLOADS, EVEN IF THE COMPANY
OR THE COMPANY'S ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR
CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH
HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF
IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY OR THE COMPANY'S ENTITIES AS
APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS OR LIMITATIONS ON
DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN
SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY
EXCEED $100. Company is the only obligor under this agreement, and the only one
providing you the Service. YOU HEREBY VOLUNTARILY, IRREVOCABLY, AND
UNCONDITIONALLY RELEASE, ACQUIT, AND FOREVER DISCHARGE AND FULLY WAIVE YOUR
RIGHT TO BRING ANY TYPE OF LAWSUIT, LEGAL ACTION, CHARGE, DEMAND, COMPLAINT OR
CLAIM OF ANY TYPE AGAINST YOUR WIRELESS CARRIER, ANY OF COMPANY'S SUPPLIERS,
OR ANYONE OTHER THAN COMPANY, RELATING TO THE SERVICE. Accordingly, you also waive all rights under Section 1542 of
California's Civil Code, and similar laws of any other state relating to
general waivers of claims. And you understand that an operative provision of
that law, whose benefit you now waive, provides: DISPUTE RESOLUTION: THE FEDERAL ARBITRATION ACT
APPLIES TO THIS AGREEMENT. Company will make reasonable efforts to resolve your Disputed Claim through
direct negotiation with you, and you must bring any Disputed Claim to
Company.s attention by contacting Company through any of the provided means,
along with a written description of your Disputed Claim, along with all
documents and information supporting your Disputed Claim, and your requested
resolution. In order to discuss the Disputed Claim with you, you permit
Company to contact you by phone, text message, email or physical mail through
any and all addresses or phone numbers that you have provided. Within the first 30 days of your submitting your written Disputed Claim,
the Company will make reasonable efforts to provide you with a proposed
resolution (.Company.s Offer.) of the Disputed Claim. If you are unsatisfied
with the Company.s Offer, you must reject the Company.s Offer in writing
within 14 days of the Company.s Offer, at which point you are entitled to
raise your Disputed Claim solely through arbitration as set forth below. Any Disputed Claim that is not resolved through direct negotiation as set
forth above, may only be resolved by binding arbitration by a single
arbitrator and administered by JAMS pursuant to its Streamlined Arbitration
Rules and Procedures (the .JAMS Rules..) The arbitrability
of Disputed Claims shall also be determined by the arbitrator. If the
arbitrator.s award to you is greater than the Company.s Offer, the Company
shall bear all of your costs of filing your Disputed Claim with JAMS and all
other administrative fees of JAMS and the fees and expenses of the
arbitrator. If you demonstrate to Company.s reasonable satisfaction that you
lack the financial means to front your share of the JAMS and arbitrator fees
and expenses, then Company will front those fees and expenses on your behalf,
so that your Disputed Claim may be adjudicated promptly. But ultimately, if
the arbitrator does award you only the same or less than the Company.s Offer,
you will be responsible to reimburse Company for your fair share . one half .
of the JAMS and arbitrator fees and expenses. Also, the arbitrator shall be
entitled to award a different allocation of costs and fees where the
arbitrator determines that a filed claim is frivolous. The arbitration
proceeding shall be conducted in the English language, in the United States,
in the major metropolitan area designated by the person raising the Disputed
Claim. Any award of the arbitrator shall be in writing and shall state the
reasons for the award. Judgment upon an award may be entered in any Court
having competent jurisdiction. The decision of the arbitrator must be based
upon this Agreement and applicable law. The decision of the arbitrator must
be reduced to writing, is final and binding except for fraud, misconduct, or
errors of law, and judgment upon the decision rendered may be entered in any
court having jurisdiction. IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES
THAT YOU MAY BE REQUIRED TO SETTLE ANY CLAIM OR DISPUTE THROUGH ARBITRATION,
EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE
RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT
YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL
THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU
SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS
APPROPRIATE FOR YOU. YOU CAN OPT OUT OF THE ARBITRATION BY FOLLOWING THE
INSTRUCTIONS IN THE LAST PARAGRAPH OF THIS ARBITRATION CLAUSE. YOU UNDERSTAND THAT UNLESS YOU EXERCISE THE RIGHT TO OPT-OUT OF
ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE
RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO
COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS
MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE IN A CLASS
ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN
ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND
MORE LIMITED THAN COURT PROCEDURES. YOU ALSO AGREE ANY ARBITRATION WILL BE
LIMITED TO THE DISPUTE BETWEEN YOURSELF AND THE COMPANY AND WILL NOT BE PART
OF A CLASS-WIDE OR CONSOLIDATED ARBITRATION PROCEEDING. NO CLASS ACTIONS. EVEN IF APPLICABLE LAW PERMITS, OR
THE JAMS RULES OR THE ARBITRATOR OTHERWISE PERMITS CLASS ACTIONS OR CLASS
ARBITRATIONS, THE DISPUTE RESOLUTION PROCEDURE SPECIFIED HERE APPLIES AND, THE
COMPANY AND YOU EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS;
THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY,
OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY
LAWSUIT, ARBITRATION OR OTHER PROCEEDING. RIGHT TO OPT OUT. If you do not wish to be bound by
this arbitration clause and waiver of your rights to bring or join in any
class or collective action, you must notify the Company in writing within 60
days after signing this Agreement or your rejection of arbitration will not be
effective. You must send your request by
email. Your request must include your telephone number(s) and a clear
>statement of your intent, such as "I reject the arbitration clause stated in
>the Company's Agreement." GOVERNING LAW. The laws of the state of New York will
govern any disputes relating to the Service or these Terms, notwithstanding
the conflicts of laws rules of New York or any other jurisdiction. You understand and agree that, except as expressly set forth herein, this
Agreement is not intended to confer and does not confer any rights or remedies
upon any person other than the parties to this Agreement. If any part of this
Agreement is held invalid or unenforceable, that portion shall be construed in
a manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in
full force and effect. The Company's failure to pursue any available claim or
defense pursuant to this Agreement will not be a waiver of such claim or
defense. The headings used in this Agreement are for convenience only, and
will have no effect on the interpretation or legal enforceability of the terms
herein. This is the entire agreement between you and the Company relating to the
Service or any of the subject matter herein, superseding any promises or
agreements made before or after, orally or in writing.
DESCRIPTION OF SERVICE.
USE OF SERVICE.
CHARGES / BILLING.
OBJECTIONABLE OR EXPLICIT CONTENT.
INTELLECTUAL PROPERTY NOTICE.
PROMOTIONS AND ADVERTISING.
LINKS TO THIRD-PARTY SITES.
MODIFICATIONS.
TERMINATION, CANCELLATION AND PLAN CHANGES.
DISCLAIMERS.
WAIVER OF CLAIMS AGAINST YOUR WIRELESS CARRIER AND COMPANY'S
SUPPLIERS
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
GOVERNING LAW; ARBITRATION.
In the unlikely event that you encounter any problem or wish to raise any
controversy, claim, or dispute (.Disputed Claim")relating in any way to this
Agreement, the Services, whether the Disputed Claim is with the Company or any
of its suppliers, including without limitation your mobile operator or any
aggregator or service provider through whom Company interacts with your mobile
operator, you are entitled to adjudicate that Disputed Claim only through the
procedure set forth in this section.GENERAL.
ENTIRE AGREEMENT.
THE "BIDANDWIN" SWEEPSTAKES OFFICIAL RULES | Terms & Conditions
NO PURCHASE NECESSARY.
MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO AND WHERE RESTRICTED OR PROHIBITED BY LAW. PLAYING BID AND WIN IS FREE.
1. OVERVIEW: You are entering the Bid and Win reverse auction game. BidandWin (defined below) 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.
2. ELIGIBILITY: The "BidandWin" reverse auction ("BidandWin") is open to legal residents of the United States and the District of Columbia who are eighteen years of age or older at the time of entry/Bid. Any entrant who is under the age of legal majority in his or her state of residence (a "Minor") must get his or her parent's or legal guardian's permission to enter. Employees, officers and directors of Sponsor (defined below), their affiliates, subsidiaries, agents and advertising and promotion agencies involved with BidandWin, 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/Bid 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/Bid. 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.
3. PARTICIPATION: Each Participant must first register at bidandwin.com.. If you wish to participate in BidandWin via text messaging, then in the "Number" field, you must enter your own actual mobile phone number. If you wish to participate via the Internet only, then you must complete the registration form, including any ten-digit number you choose to put in the "Number" field. Please remember the ten-digit number you have submitted. If you wish to participate using both methods, you must complete the full registration form.
(a) Online Free Method of Bidding: No purchase or BidandWin mobile content subscription is necessary to participate in the BidandWin reverse auction contest. Each participant is entitled to bid online, free-of-charge, at bidandwin.com., and no purchase is necessary.
(b) Entrants are limited to placing a total of twenty (20) Bids per day, regardless of method of participation (whether by SMS Bid, Web Bid, or any combination of SMS Bid and Web Bid).
4. BIDDING: Bids may only consist of positive whole numbers, not including 0 (e.g., no fractions, decimals or negative numbers). Sponsor will process all Bids that it receives for each Prize, so that each has a chance to be the Lowest Unique Bid during the timer period specified for that BidandWin reverse auction, providing the bidder with the chance to win that Prize. 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." To bid online, sign in to your account at bidandwin.com., click on the Prize on which you would like to Bid and enter your Bid in the Bid field. To win a prize, the participant must provide the Lowest Unique Bid for that Prize. Odds of winning any Prize depend on the number of bids for that Prize during the timer period specified, and whether an eligible bidder has the Lowest Unique Bid for that Prize during the timer period specified for bidding.
5. NOTIFICATION FROM SPONSOR: Shortly after you submit a Bid, you normally 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 Bid, your notification will be sent via SMS to your wireless phone from the Sponsor. If you submitted a Web Bid, 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. Sponsor, at its discretion, may send participants additional notifications concerning auction status.
6. WINNING: To win a Prize, the participant must provide the Lowest Unique Bid for that Prize. Odds of winning any Prize depend on the number of bids for that Prize and whether an eligible bidder has the Lowest Unique Bid for that Prize during the specified time period for bidding. See instructions at bidandwin.com. on how to participate without subscribing to the paid service. BidandWin is subject to these Official Rules, which are publicly available at bidandwin.com.. Void where prohibited. The Successful Bidder shall be identified by Sponsor, at the end of the period specified for the reverse auction of each Prize. 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 Bids received, who will become the "Chosen Winner." In that type of case, each bid will be treated as an eligible entry for that "Chosen Winner" drawing. The Successful Bidder or Chosen Winner (the "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, if the Winner is a minor in his or her state of residence, then the minor's parent or guardian) 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 or she fails to sign and return the Releases and provide a photograph 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 a Prize depend on the number of eligible Bids received during the applicable period and in the case of the reverse auction, whether an eligible bidder has the Lowest Unique Bid.
7. PRIZES:Monthly Prizes: During each month of BidandWin, reverse auction Prizes in the following categories may be offered and are in Sponsor's sole discretion: 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.
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 BidandWin Prize per person, household, family, cell phone number, email address or Account within each consecutive 30-day period.
8. GENERAL CONDITIONS: All federal, state, and local taxes on the auction Prizes won are the sole responsibility of the Winner, and Winner acknowledges that the value of the Prize may be considered taxable income. Winners of prizes valued at $600 or more will receive an IRS Form 1099. Participation in BidandWin 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 BidandWin 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 BidandWin, 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 BidandWin 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 BidandWin, in the announcement of the Prizes, and/or in any advertising or other associated promotional materials in connection with BidandWin. None of Sponsor's suppliers, including messaging or billing aggregators or public mobile network operators including without limitation AT&T Mobility, T-Mobile USA, Verizon Wireless, Sprint PCS or any of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are sponsors of BidandWin, and none of those companies will have any liability or responsibility for any claim arising in connection with participation in BidandWin 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 these Official 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 BidandWin. If for any reason BidandWin 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 BidandWin, Sponsor may choose, in its sole discretion to cancel, terminate, modify or suspend BidandWin. Should BidandWin 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 reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry/bidding process or the operation of BidandWin (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/bidding devices, and/or other programs and/or software to submit entries in connection with BidandWin 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 BIDANDWIN 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
9. WINNERS LIST/OFFICIAL RULES: For the names of winners or a hard copy of these Official Rules, email [bidandwin@mrichi.com] or call [888-300-9724]. You can also mail your request to [945 Oaklawn Ave. Elmhurst, IL 60126]. Please indicate Rules Request or Winner Confirmation on the outside of envelope.
SPONSOR: US Digital, 6601 Center Drive West Suite 700, Los Angeles CA 90045.
None of the manufacturers of prizes are participants in or Sponsors of BidandWin.
Virgin Mobile USA, Cincinnati Bell and Verizon Wireless are not participants in or Sponsors of BidandWin.
Terms of Service - You must be the account holder of this device or have the permission from the account holder. 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 and Cincinnati Bell. The aforementioned customers will receive 20 bids per day and 2 ringtones per month. For T-Mobile, 20 bids per day and 4 ringtones per month. For 20 bids per day and 1 Ringtone per week. U.S. Cellular, 20 bids per day and 2 Amazing Facts text alerts per week. For Bid and Win help, text HELP to 21500, 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 a legal US resident (excluding residents of the states of Florida and New York) and at least eighteen years old. Call for your money back within first 30 days of service if you are not satisfied. This service is subject to the BidandWin Official Rules Please click here to see Official Rules.
No purchase necessary. As part of this service you are entitled to bid and win on prizes via text message or online at bidandwin.com. To win a prize, the participant must provide the lowest unique guess for that prize as defined in Official Rules available at bidandwin.com. Odds for any prize depend on the number of guesses for that prize. See instructions at bidandwin.com on how to play without subscribing to the paid service. Promotion subject to official rules at bidandwin.com . Void where prohibited.
Privacy Policy
Sponsor: US Digital.
Virgin Mobile USA, AT&T, Cincinnati Bell, Verizon Wireless and Alltel are not participants in or sponsors of this Service.
This privacy statement covers the site bidandwin.com ("Site"). All capitalized terms have the meanings ascribed to them in the Site's terms & conditions.
If you have questions or concerns regarding this privacy policy, please bidandwinusa@sms-helpdesk.com.
INFORMATION COLLECTION & USE
By participating in the Service, you will receive regular messages which include content and service information. In order to participate, you must first enter your cell 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 also from time to time use this information in order to identify and present other products and services to you that we believe may interest you. 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.
We may use 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.
THIRD PARTIES
We provide you the opportunity to participate in surveys and promotions through the Site and the Service. 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 postal 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.
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.
We and our subscriptions servicing provider are the sole custodians of the information collected on our website. All of 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 cell number) to register, we encrypt that information using secure socket layer technology (SSL). [To learn more about SSL, follow this link.
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 <bidandwinusa@sms-helpdesk.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 cookies and other similar interfaces that the standard internet software installed on your computer makes available to website proprietors such as ourselves for monitoring and tracking the identity of the websites you browse.
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 or client software's "help" file.
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. We also use cookies and these other interface methods to collect information about your browsing history that lets us identify and present further products or services that we believe may be of interest to you. In our databases, your browsing history is maintained anonymously, and we do not relate your browsing history to any personally identifiable information, such as your cell phone number.
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 only our own use of cookies, 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 a third party advertising network, such as Google or Yahoo. We share Web site usage information about users for the purpose of targeting our Internet banner advertisements on this site.
Advertising networks use 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 they collect and share through this technology is not personally identifiable.
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.
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. We are the only ones responsible to you for complying with this Privacy Statement. You have no right, and waive any right you may otherwise have, to pursue any of our service providers or your cell phone carrier for any violation of this Privacy Statement. These Official Rules and this Privacy Statement are governed by New York law, notwithstanding the conflicts of law rules of that state or any other jurisdiction.
