The Jackpot Code Official Rules
THE JACKPOT CODE GAME
1. Introduction. The Jackpot Code Game ("Sweepstakes") is sponsored by Pollcast, Inc., 112 West 34th Street, 18th Floor, New York, NY 10120 ("Sponsor"). The Sweepstakes consists of a game in which entrants will try to guess/match the day’s game code (the “Game Code”). Entrants try to guess/match the Game Code by entering a five-digit code using the number pad on their phone (each digit presents a choice of 0 to 9). Each entrant will have up to two opportunities per day to enter the Sweepstakes: (i) by entering and matching the four-digit Game Code (the “Code Method of Entry”); and/or (ii) by listening to at least one of the third party offers presented (the “Offer Method of Entry”). The Prize for which an entrant will be participating for, is whichever one of the following Prizes is promoted over the phone on the date of entry: (i) airfare for two to a location determined solely by the Sponsor; (ii) an HDTV; (iii) $1,000 cash (paid in the form of a check); or (iv) a $1,000 prepaid visa card (each individually a “Prize”, collectively the “Prizes”). For the travel Prize, specific location of airfare will be revealed on date of entry. All applicable federal, state, and local laws apply. The day’s eligible Prize will be revealed during the Show and during the phone call to play the game.
2. Timing. The Sweepstakes begins on December 6, 2013 at 8:00 a.m. Eastern Time ("ET") and ends on January 5, 2014 at 7:59 a.m. ET ("Promotion Period").
Sponsor’s database tracking system is the official time-keeping device for this Sweepstakes.
3. General Release of Liability. By entering, you agree to release and hold harmless the Sweepstakes Entities (as defined below) from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, and/or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and affiliated companies. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, action of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
4. Eligibility. The Sweepstakes is open to permanent legal residents of the fifty (50) United States and the District of Columbia, eighteen (18) years of age or age of majority (whichever is older in their state of residence) or older as of the date of entry into the Sweepstakes. Void where prohibited. Employees of Pollcast, Inc. (“Sponsor”), their advertising or promotion agencies, those involved in production, development, implementation or handling of the Sweepstakes, and any agents acting for the above providers, prize suppliers, or any other person or entity associated with Sweepstakes (collectively “Sweepstakes Entities”) and/or persons living in the same household as such persons, whether related or not are ineligible to enter the Sweepstakes.
5. How to Enter. During the Promotion Period, call 1-855-507-7423 from a touch-tone telephone. All connected calls to The Jackpot Code Game program phone number above as verified by Sponsor will have at least two opportunities to enter the Sweepstakes per day. User may enter either by: (i) the Code Method of Entry (entering and matching the four-digit Game Code); or (ii) the Offer Method of Entry (listening to the third party offers). For the purpose of clarity, only when the code entered by a user matches the Game Code at the time of entry, will the caller who submitted such code be entered into the Sweepstakes and will be eligible to participate in the Prize drawing for a chance to win the applicable Prize. If the call is disconnected before the user enters the code or listens to the third party offer, such call will be void and user shall not receive any entries into the Sweepstakes. When listening to the third party offers you may be asked to complete a daily survey. Purchasing a product or service offered by a third party marketing partner does not increase your chances of winning. You can call from a landline or a mobile phone; please note that standard charges levied by mobile phone carriers may apply for users calling from a mobile phone. Limit of two (2) entries per telephone number, per person per day. By participating in the Sweepstakes, you unconditionally accept and agree to comply with these Official Rules and decisions of Sponsor, which are final and binding in all respects. Should an entrant win, he/she MUST be available at the phone number used to enter the Sweepstakes to receive his/her win notification and instructions on how to claim his/her Prize; Sponsor is not responsible for changes in entrants' phone numbers.
Please Note: The Game Code is randomly created by Sponsor’s data base system. The Game Code will be automatically updated by the Sponsor’s database system whenever a match is made by an entrant or once per every twenty-four (24) hour period, whichever happens sooner. Odds of correctly guessing the Game Code are 1:10,000.
Limit: Each entrant may receive up to two (2) entries per day during the Promotion Period (1 via the Code Method of Entry and 1 via the Offer Method of Entry, as described above). Multiple entrants are not permitted to share the same phone number. Any attempt by any entrant to obtain more than the number of permitted entries per day by using multiple/different phone numbers, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Any entries received from one person or phone number in excess of 2 received from that person and/or phone number will be void. Use of any automated system to participate is prohibited and may result in disqualification. In the event of a dispute as to any entry, the authorized account holder of the phone number used to enter will be deemed to be the entrant or participant. The authorized account holder is the natural person assigned a phone number by a phone service provider. The potential winner may be required to show proof of being the authorized account holder.
6. Selection of Potential Winner. Winner will be chosen by random drawing to be conducted by a representative of the Sponsor. Odds of winning a Prize depends on the number of eligible entries received, via both entry methods, during the Promotion Period (for the purpose of clarity, all entries from both methods of entries will be combined for the random drawing). . Odds of correctly guessing the Game Code are 1:10,000. Only one entry per Game Code will be allowed and in the event of multiple entries for a single Game Code, the first entrant to enter the correct Game Code, as determined by Sponsor’s database tracking system will be declared the eligible entry. The winning code will be automatically updated by the Sponsor’s database system whenever a match is made by an entrant or once per every twenty-four (24) hour period, whichever comes first. Prize’s random drawing will take place on or about December 10, 2013. All potential winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by phone, through the phone number that he or she called from to enter, within ten (10) days following the random drawing. Except where prohibited, potential winner must execute and return to Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit") and IRS Form 1099 in order to claim his/her Prize. If a potential winner cannot be contacted within five (5) days of the first attempt to contact him/her, the Prize is returned as undeliverable, or if he/she fails to sign and return the Affidavit within the required time period, potential winner forfeits Prize. In that event, the Prize will remain un-awarded. Winners will receive the Prize 8-10 weeks after winner verification.
7. Prize(s). The 1 winner, selected in accordance with this Official Rules, will win one of the following Prizes, depending on which was promoted on the date of entry into the Sweepstakes: (i) airfare for two to a location determined solely by Sponsor, (ii) a 50 inch HDTV, (iii) a $1,000.00 in cash (paid in the form of a check), or (iv) a $1,000.00 prepaid visa card. The Prize awarded will be the Prize marketed to the winning participant on the date of his/her entry. Approximate retail value of each prize is $1,000.00. The day’s eligible prize will be revealed during the phone game. For travel-related prizes, specific location will be revealed during the phone game and are at Sponsor’s sole discretion. Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize with another prize of greater or equal monetary value if the designated Prize should become unavailable for any reason. Winners are solely responsible for any and all applicable fees and taxes associated with Prize receipt and use. For travel-related prizes, winners will give three (3) dates of preference for their trip and Sponsor will select one at its own discretion. No cancellations or rebooking allowed. Winners have one (1) year from Prize notification to take the trip.
8. Publicity. Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor’s and the Sweepstakes Entities’ use of winner's name, likeness, voice, opinions, hometown, state and country for promotional purposes in any media without further payment or consideration.
9. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should virus, bugs, unauthorized human intervention, technical failures or any factor beyond Sponsor's reasonable control corrupt the administration, security, fairness, integrity or proper operation of the Sweepstakes. In such event, Sponsor reserves the right to award a single Prize at random from among the eligible entries received up to the time of impairment during the period of impairment. Sponsor reserves the right to modify the number of chances per day and number of digits entered to win at any time. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor's interactive voice response system or the jackpotcode.com website or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor and other Sweepstakes Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability. The Sweepstakes Entities are not responsible for: (1) incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including but not limited to the malfunctions, interruptions or disconnections in phone lines or network, hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes, receipt, possession or use or misuse of any Prize, or from downloading any material from Sponsor's or any other Sweepstakes Entity website(s), regardless of whether the material was prepared by Sponsor, any other Sweepstakes Entity or a third party, and regardless of whether the material is connected to Sponsor's interactive voice response system or the jackpotcode.com website by phone number or a hypertext link. If, for any reason, an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for one the Prizes offered herein, subject exclusively to Sponsor’s discretion. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.
11. Disputes. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the American Arbitration Association ("AAA") for final and binding arbitration under its Commercial Arbitration Rules to be held in New York, New York, before a single arbitrator who shall be a retired judge, in accordance with New York Civil Practice Law & Rules Section 7501 et seq. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award. Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
12. Sweepstakes Errors. The Sweepstakes Entities and their parent, affiliated and subsidiary companies and advertising and promotion agencies, broadcast affiliates and interactive voice response vendors, assume no liability and are not responsible for, and participants hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Sponsor reserves the right to modify these Official Rules for clarification purposes or to correct any such error(s) without materially affecting the terms and conditions of the Sweepstakes.
13. Winner List: Winner List requests will only be accepted until December 15, 2013, unless Sweepstakes is discontinued earlier. In that case, requests will only be accepted 30 days from the date of discontinuance. For the Winner List, send an email with subject line: "The Jackpot Code Game, Winner List Request," in the Contact Us form on this website. For a copy of the Official Rules send a self addressed stamped envelope to the above address marked Official Rules "The Jackpot Code Game" for receipt by December 15, 2013; residents from VT may omit postage on the self addressed envelope.