Rules: Tobacco Regulations Mobile Texting Pilot

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Each text message, sent or received, may incur a charge as provided in your rate plan.  Message and data rates may apply. You will receive at least two (2) text messages in response to your entry, and three (3) text messages every week for the first month, after which messages will be sent approximately once a week. Text-messaging may not be available through all wireless carriers.

 

1. Eligibility: FDA Tobacco Prevention, Education & Control Text Messaging  Program (the "Promotion") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry.  Employees of Food and Drug Administration, SmartReply, Inc., Focus on U!, Inc., Centers for Disease Control and Prevention, and ePrize, LLC, and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. Void where prohibited.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Promotion. Gaining recognition is contingent upon fulfilling all requirements set forth herein. 

2. Sponsor: Center for Tobacco Products, Food and Drug Administration, 9200 Corporate Blvd, Rockville, MD 20850.  Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Timing: The Promotion begins on August 16, 2010 at 12:00 a.m. Eastern Time ("ET") and ends on October 24, 2010 at 11:59 p.m. ET (the "Promotion Period").  The Promotion Period will consist of five (5) entry periods (each an "Entry Period") as outlined in the chart below.
 

Entry Period	Begins (at 12:00 a.m. ET)	Ends (at 11:59 p.m. ET)	Drawing on/around
Week 1 Entry Period	August 16, 2010	September 26, 2010	October 1, 2010
Week 2 Entry Period	August 16, 2010	October 3, 2010	October 8, 2010
Week 3 Entry Period	August 16, 2010	October 10, 2010	October 15, 2010
Week 4 Entry Period	August 16, 2010	October 17, 2010	October 22, 2010
Survey Entry Period	August 16, 2010	October 24, 2010	October 29, 2010

During the Promotion Period, there will be a registration period (the "Registration Period") beginning on August 16, 2010 at 12:00 a.m. ET and ending on October 19, 2010 at 11:59 p.m. during which an entrant may register for the Promotion.  Entrants must register for the Promotion by October 19, 2010 at 11:59 p.m. ET in order to be eligible for entry into the Promotion.  In order to be eligible for entry into a Week Entry Period, entrant must register by Tuesday at 11:59 p.m. ET of the Week Entry Period for which the entrant would like to enter.

SmartReply, Inc.'s computer is the official time keeping device for this Promotion.

4. How to Register and Enter:
 
            a.  For Week 1, 2, 3, and 4 Entry Period:

To register for the Promotion during the Registration Period or the Promotion Period, use a two-way text-messaging capable device and text "BREAKCHAIN" to 87000.  You will receive a text reply, asking you to select your role in the Promotion.  Reply with "General Public", "State/Local Agency", "Retailer", “Trade Association” or "Other", depending on the role you identify with.  Upon receipt of your reply, you will receive a text asking for your zip code.  Reply with your five (5) digit zip code to complete your registration.  On the Friday of each Week Entry Period, you will receive a text quiz.  Reply to the text quiz with the correct answer.  Upon receipt of your correct text quiz reply, you will receive one (1) entry into the applicable Week Entry Period drawing.  You will only receive one (1) entry into the applicable Week Entry Period drawing if your text quiz reply is correct.  You must submit your text quiz reply within twenty-four (24) hours from the time the text quiz is sent in order to gain entry into the applicable Week Entry Period.   Text BREAKCHAIN QUIT to 87000 to opt-out at any time.  Text HELP to 87000 for information.  Call (888) 554 – 1053 with questions. Entrants who enter the Promotion by text-messaging will be charged according to their carriers' standard messaging and data rates, and entrants should contact their carriers for pricing details. Check your owners' manual for specific text-messaging instructions. Text-messaging may not be available through all wireless carriers.

b.  For Survey Entry Period: 

During the Survey Entry Period, you will receive a text message 1) with a short evaluation question and 2) a URL (the "Survey URL") directing you to a larger survey. 

Respond to the text message survey evaluation or visit the Survey URL to complete a brief survey.  Upon completion of the survey, you will receive one (1) entry into the Survey Entry Period drawing.  The survey must be completed during the Survey Entry Period in order to gain one (1) entry into the Survey Entry Period.     

Limit: Each entrant may enter one (1) time per Entry Period during the Promotion Period.  Multiple entrants are not permitted to share the same phone number or text-messaging capable device.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different phone numbers, text-messaging capable devices, identities, registration information, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified.  In the event of a dispute as to any registration or entry, the authorized account holder of the phone number or the text-messaging capable device used to register will be deemed to be the registrant or player.  The "authorized account holder" of a text-messaging capable device or phone number is the natural person in whose name the device or phone number has been issued and the services are billed.  Potential recognition recipients may be required to show proof of being the authorized account holder.

5. Recognition Determination: Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of potential recipients are final and binding in all matters related to the Promotion. Potential recipients must continue to comply with all terms and conditions of these Official Rules; and recognition is contingent upon fulfilling all requirements.  Administrator will randomly select the recognition recipient from all eligible entries received on or around the dates listed in Section 3.  Each recognition recipient will be notified by text message or phone after the date of random drawing, and will be receive recognition at www.fda.gov/tobacco. Any recognition recipient who entered via text-messaging will be notified by phone and/or text message at the number of the device used to enter the Promotion. 

6. Release: By entering the Promotion, recognition recipient agrees to release and hold harmless Sponsor, SmartReply, Inc., Focus on U!, Inc., Centers for Disease Control and Prevention, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion.

7. Publicity: Except where prohibited, participation in the Promotion constitutes recipients consent to Sponsor’s and its agents’ use of recipient’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award recognition at random from among the eligible entries received up to the time of the impairment.  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 Promotion 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 undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

9. Limitations of Liability: The Released Parties are not responsible for:  (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion.  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 Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, 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 any or all of the recognition offered herein.  No more than the stated number of recognition opportunities will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of recognition opportunities as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of recognition opportunities by a random drawing among all legitimate, unawarded, eligible recognition claims.

10. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any recognition given shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, 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, indirect, 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.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

11. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.fda.gov/AboutFDA/AboutThisWebsite/WebsitePolicies/default.htm#privacy) and ePrize’s privacy policy (http://www.eprize.com/privacy-policy).