Promo TXT Radio - Terms and Conditions
Terms & Conditions
This Agreement sets out the binding terms of your use of the
PromoTXT Service and may be modified periodically. Such modifications
to be effective when posting on the website. PromoTXT service
refers to services as marketed directly by the Media Partner
or Media Partner ’s Sponsor or any of its affiliate
or subsidiaries.
GENERAL SERVICE
(a) Service and Content. PromoTXT, through the PromoTXT SMS
service, permits you to interact with the Media Partner .
(b) Payments and Fees.
(i) Fees. Product fees vary and are identified as part of
the individual product description. When submitting a message
you will be charged by Reverse billed Premium Rate SMS. The
amount will be deducted from your cellular account.
(ii) Right to Change Prices. Prices are subject to change
at any time.
(iii) Electronic Signatures and Contracts. Your use of the
Service requires your ability to enter into agreements and/or
to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR
ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT
TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES.
YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS
APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER
INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES,
CONTRACTS, AND APPLICATIONS.
(iv) Nonpayment. If, at any time thereafter, you fail to pay
any amount under this Agreement when due or are otherwise
in breach or default under this Agreement, PromoTXT may, in
its sole discretion, and without prejudice to its other rights,
immediately terminate your use of the Service and revoke your
entry to the system. Late payments hereunder will accrue interest
at the rate of one and one half percent per month or the highest
rate allowed by applicable law, whichever is lower.
(c) System Requirements. Use of the Service requires a compatible
Device, Internet access (fees may apply), and certain software
(separate fees may apply), and may require obtaining updates
or upgrades from time to time. Because use of the Service
and Content involves hardware, software, and Internet access,
your ability to use the Service and Content may be affected
by the performance of these factors. You acknowledge and agree
that such system requirements, which may be changed from time
to time, are your responsibility. In light of the foregoing,
You are responsible for ensuring the wireless phone/device
is compatible. You acknowledge and agree that you will not
be entitled to any refund for any Fees you pay for interaction
with the system if any part is incompatible with your Device.
(d) Age requirements for use of the Service. This Service
is available for individuals aged 13 years or older. If you
are 13 or older but under the age of 18, you should review
these terms and conditions with your parent or guardian to
make sure that you and your parent or guardian understand
these terms and conditions.
(e) General Release of Liability. All entrants agree to hold
harmless and release Media Partner or Media Partner ’s
Sponsor and Advanced Mobile Solutions Worldwide, Inc.; their
respective parent companies, distributors, affiliates, and
subsidiaries; the service agencies and independent contractors
of any of the above organizations; their respective officers,
directors, employees, and agents (including advertising and
promotion agencies); and all others associated with the development
and execution of this service from any and all liability with
respect to or in any way arising from this service.
SWEEPSTAKES
1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE
YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE U.S.,
AGED 18 OR OLDER AND WHO ARE LOCATED WITHIN THE UNITED STATES
AT TIME OF ENTRY. Void in where prohibited by law.
Persons in any of the following categories are not eligible
to participate or win a prize: (a) persons who, since January
1, 2005, were or are employees or agents of Media Partner
or Media Partner ’s Sponsor or Advanced Mobile Solutions
Worldwide, Inc; independent contractors of any of the above
organizations who are engaged in the development, production,
or distribution of materials for or the implementation of
this sweepstakes; their parent companies, affiliates, or subsidiaries;
or the service agencies or independent contractors of any
of the above organizations; and (b) employees of, persons
in the immediate family of, or persons living in the same
household as any person in any of the preceding categories.
Sweepstake dates ("Promotion Period") are:
Sweepstakes starts at:
and ends at:
2. HOW TO ENTER. There are two ways to enter
for a chance to win To enter via text messaging ($.75 per
entry charged to your wireless phone bill): Text an Official
Entry Code mentioned on-air (or other Official Entry Code
communicated in sweepstakes-advertising materials), to 84444
or 37483 using a wireless, SMS-capable phone (you must provide
your own phone). Once you have properly text-messaged the
Official Entry Code to the promotional phone number, you will
be sent a reply via text messaging. Follow all instructions
in the text message. To enter via the Internet: Access www.promotxt.com/contact.htm
and follow all entry instructions. Log on using an existing
registration or complete the information requested in the
information fields (full name; daytime phone number, including
area code; and e-mail address; complete address [no P.O. Boxes]
and birth date in the message section). The subject line should
contain the word “SWEEPSTAKES”. When your registration
is complete, enter the Official Entry Code mentioned on-air
(or other Official Entry Code communicated in sweepstakes-advertising
materials). Then click the area marked Enter (once submitted,
entry cannot be deleted, canceled, or modified) for your chance
to win. After completing an entry each entrant (except VT
and CA residents) will be given the opportunity to enter a
drawing for Secondary Prizes (if applicable), by either replying
as directed to a text message or by clicking the appropriate
entry button online. Limit of six entries per person, wireless
phone number, or e-mail address per day (a day begins at 12:00:01
a.m., MT, and ends at 11:59:59 p.m., MT). Important Notice:
Your wireless-service provider may charge you for each text
message you send and receive. These charges are in addition
to the text messaging entry method fee. Please consult your
wireless-service provider regarding their pricing plans. By
entering the sweepstakes via text messaging, you agree to
receive periodic promotional text messages. If you no longer
wish to receive future promotional text messages, reply "STOP"
to a text message sent to you. Your entry will remain eligible
for the sweepstakes, but you will not receive future text
messages except for notification if you are selected as a
potential winner. In the event of a dispute about entries
submitted by multiple individuals using the same wireless-phone
number or e-mail account, the entry will be deemed to have
been submitted by the authorized subscriber of the wireless-phone
number or e-mail account used to enter the sweepstakes at
the actual time of entry. The name of the authorized account
holder associated with any given wireless-phone number (used
to enter by sending a text message) or e-mail address will
be deemed to be the entrant and must comply with these Complete
Official Rules. The authorized account holder is defined as
the natural person who is assigned to a wireless-phone number
by a wireless-service provider or an e-mail address by an
Internet-access provider, online-service provider, or another
organization that is responsible for assigning e-mail addresses
or the domain associated with the submitted e-mail address.
Multiple entries per person/e-mail address/wireless-phone
number in excess of the daily entry limit or any use of robotic,
repetitive, automatic, programmed, or similar entry methods
or agents (including, but not limited to, sweepstakes-entry
services) are prohibited and will void all entries by that
entrant. Entrants assume all risk of lost, late, misdirected,
incomplete, or illegible entries.
3. ALTERNATE (NO PURCHASE NECESSARY) METHOD
OF ENTRY. You can enter the sweepstakes by entering in the
required information at www.promotxt.com/contact.htm. Limit
of six (6) Official Entry Codes per person per site visit.
4. PRIZES AND ODDS OF WINNING. Winner of
the sweepstakes will be randomly selected by computer based
on the estimated number of entries and the time of your participation.
Mobile-messaging participants will be notified of winning
status by text message. Online participants must follow the
instructions provided on the Web site to determine prizewinning
status. Winners are subject to verification. Potential Secondary
Prize (First, Second, and Third Prizes) winners will be selected
on an announced date, by random drawing from all eligible
entries received.
The odds of winning a prize depends on the estimated number
of entries and the time of participation, but are estimated
to be no worse than 1:100. The random drawing and awarding
of prizes will be conducted under the supervision of The Media
Partner , whose decisions are final and binding in all matters
pertaining to this sweepstakes. Entrants agree to be bound
by these Complete Official Rules and the decisions of the
judging organization.
5. GENERAL CONDITIONS. Potential prizewinners
will be notified online, by e-mail, by text message, by U.S.
mail, or by private delivery service (at Media Partner 's
sole discretion) and may be required to sign and return an
Affidavit of Eligibility and Release of Publicity and Liability
within five (5) days of notification. Each First Prize winner's
guest must be at least 21 years old and will also each be
required to sign and return a Release of Liability/Publicity
prior to travel. In the event of noncompliance, if a Secondary
Prize winner cannot be reached at the phone number or address
on that winner's entry, or if prize or prize notification
is returned as unclaimed or undeliverable for whatever reason
beyond the control of Media Partner , that prize will be forfeited
and an alternate winner may be selected if time permits. If
a First Prize winner can not be confirmed and verified within
30 days prior to trip dates as determined by Media Partner
, that prize will not be awarded. Unclaimed or undeliverable
download prizes will not be awarded. Media Partner or Media
Partner ’s Sponsor is not responsible for invalid or
incorrect e-mail addresses. No substitution of any prizes
will be offered, except at Media Partner 's sole discretion.
No prize transfer is permitted. If a prize is unavailable,
Media Partner or Media Partner ’s Sponsor reserves the
sole right to substitute a prize of equal or greater value.
Limit of one Secondary Prize per person, wireless-phone number,
or e-mail address. All taxes, fees, and surcharges on prizes
are the sole responsibility of each prizewinner. By participating
and accepting a prize, where permitted by law, each winner
grants to Media Partner or Media Partner ’s Sponsor
(and agrees to confirm that grant in writing) and those acting
pursuant to the authority of Media Partner or Media Partner
’s Sponsor, the right to print, publish, broadcast,
and use-worldwide in any media now known or hereafter developed,
including, but not limited to, the World Wide Web-at any time(s),
that winner's name, portrait, picture, voice, likeness, and
biographical information as news or information and for advertising
and promotional purposes without additional compensation or
review.
6. SWEEPSTAKES RELEASE OF LIABILITY. All
entrants agree to hold harmless and release Media Partner
or Media Partner ’s Sponsor and Advanced Mobile Solutions
Worldwide, Inc.; their respective parent companies, distributors,
affiliates, and subsidiaries; the service agencies and independent
contractors of any of the above organizations; their respective
officers, directors, employees, and agents (including advertising
and promotion agencies); and all others associated with the
development and execution of this sweepstakes from any and
all liability with respect to or in any way arising from this
sweepstakes; participation in any sweepstakes-related activity;
and/or delivery/misdelivery, acceptance, possession, use,
or misuse of a prize, including, but not limited to, liability
for personal injury, bodily injury (including wrongful death
or disability), damage to property, and damage or loss of
any other kind. Media Partner or Media Partner ’s Sponsor
is not responsible for any incorrect or inaccurate information,
whether caused by any of the equipment or programming associated
with or used in the sweepstakes, or by any technical or human
error that might occur in the processing of submissions in
the sweepstakes. Media Partner or Media Partner ’s Sponsor
assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications-line
failure, theft, destruction, unauthorized access to, or alteration
of entries. Media Partner or Media Partner ’s Sponsor
is not responsible for any problems or technical malfunction
of any telephone network or lines; providers; computer equipment;
or computer software or for failure of text entry on account
of technical problems or traffic congestion, including injury
or damage to the participant's or to any person's wireless
phone related to or resulting from participating in or downloading
materials for or from this sweepstakes. Media Partner or Media
Partner ’s Sponsor is not responsible for user cheating
or fraud by any entrants. Any activities intended to disrupt
or interfere with the proper play of the sweepstakes or to
defraud Media Partner or Media Partner ’s Sponsor in
any way will be prosecuted to the fullest extent of the law.
Participants who engage in any of the foregoing activities
will be disqualified and will forfeit any prizes won. Official
Entry Codes are null and void and will be rejected if obtained
outside authorized, legitimate channels; if counterfeited,
damaged, illegible, or tampered with in any way; or if they
contain printing, production, or typographical errors. Liability
for any Official Entry Code containing printing, production,
typographical, mechanical, or other errors is limited to replacement
with another Official Entry Code, while supplies last. If,
through printing or production error or for any other reason
whatsoever, more prizes are claimed for any prize category
than intended and/or set forth in these Complete Official
Rules, Media Partner or Media Partner ’s Sponsor reserves
the right to award such prizes by random drawing from all
eligible claimants for that prize level. If, for any reason,
the sweepstakes is not capable of running as planned due to,
but without limitation, tampering; unauthorized intervention;
fraud; technical failures; or any other causes beyond the
control of Media Partner or Media Partner ’s Sponsor
that, in the sole opinion of Media Partner or Media Partner
’s Sponsor, could corrupt or affect the administration,
security, fairness, integrity, or proper conduct of this sweepstakes,
Media Partner or Media Partner ’s Sponsor reserves the
right, at its sole discretion, to cancel, terminate, modify,
or suspend the sweepstakes, and to draw winners from all eligible
entries received as of the date of termination.
7. DISPUTES. THIS SWEEPSTAKES IS GOVERNED BY THE LAWS
OF THE UNITED STATES AND THE STATE OF DELAWARE, WITHOUT RESPECT
TO CONFLICT OF LAW DOCTRINES. As a condition of participating
in this sweepstakes, each participant agrees that any and
all disputes that cannot be resolved between the parties and
causes of action arising out of or connected with this sweepstakes
shall be resolved individually, without resort to any form
of class action, exclusively before a court located in Delaware,
having jurisdiction. Further, in any such dispute, under no
circumstances will participant be permitted to obtain awards
for and hereby waives all rights to claim punitive; incidental;
or consequential damages, including reasonable attorneys'
fees, other than participant's actual out-of-pocket expenses
(i.e., costs associated with entering this sweepstakes), and
participant further waives all rights to have damages multiplied
or increased.
8. WINNERS LIST. For the names of the First, Second, and Third
Prize winners, Visit Media Partner ’s announced web
site.
VOTING, REQUESTS, DEDICATIONS, COMMENTS AND ALERTS
1. VOTING. The PromoTXT voting application
permits you to interact with the Media Partner or Media Partner
’s Sponsor by casting a vote in response to an announced
multiple choice question. Your vote is for entertainment purposes
only and becomes the sole property of Media Partner or Media
Partner ’s Sponsor and may be used by Media Partner
or Media Partner ’s Sponsor for any purpose it deems
necessary. No prizes or compensation are offered or implied
for votes.
2. HOW TO VOTE. There are two ways to enter
a vote. To enter via text messaging ($.75 per entry charged
to your wireless phone bill): Text a keyword mentioned on-air
(or other keyword communicated in sweepstakes-advertising
materials), followed by your answer to 84444 or 37483 using
a wireless, SMS-capable phone (you must provide your own phone).
Once you have properly text-messaged your vote to the promotional
phone number, you will be sent a reply via text messaging.
Follow all instructions in the text message. To enter via
the Internet: Access www.promotxt.com/contact.htm and follow
all entry instructions. Log on using an existing registration
or complete the information requested in the information fields
(full name; daytime phone number, including area code; and
e-mail address; your vote in the message section). The subject
line should contain the word “VOTE”. When your
registration is complete, click the area marked Enter (once
submitted, entry cannot be deleted, canceled, or modified).
Limit of one entry per person, wireless phone number, or e-mail
address per day (a day begins at 12:00:01 a.m., MT, and ends
at 11:59:59 p.m., MT). Important Notice: Your wireless-service
provider may charge you for each text message you send and
receive. These charges are in addition to the text messaging
entry method fee. Please consult your wireless-service provider
regarding their pricing plans. By sending in your vote via
text messaging, you agree to receive periodic promotional
text messages. If you no longer wish to receive future promotional
text messages, reply "STOP" to a text message sent
to you.
3. REQUESTS, DEDICATIONS, AND COMMENTS. The
PromoTXT voting application permits you to interact with the
Media Partner or Media Partner ’s Sponsor by sending
a text message with a song request, a song dedication, or
a general comment. Your Request, Dedication, or Comment is
for entertainment purposes only and becomes the sole property
of Media Partner or Media Partner ’s Sponsor and may
be used by Media Partner or Media Partner ’s Sponsor
for any purpose it deems necessary. No prizes or compensation
are offered or implied. Media Partner or Media Partner ’s
Sponsor does not charge for Requests, Dedications, and Comments.
A fee applies to receive Requests, Dedications, and Comments
via text messaging. Media Partner or Media Partner ’s
Sponsor will make best efforts to honor your request or dedication
but does not guarantee, either expressly or implied, that
it will honor your request or dedication.
4 . HOW TO TEXT A REQUEST, DEDICATION, OR COMMENT.
To submit via text messaging ($.75 per entry charged to your
wireless phone bill): Text a keyword mentioned on-air (or
other keyword communicated in sweepstakes-advertising materials),
followed by your request, dedication or comment to 84444 or
37483 using a wireless, SMS-capable phone (you must provide
your own phone). Once you have properly text-messaged your
request, dedication or comment to the promotional phone number,
you will be sent a reply via text messaging. Follow all instructions
in the text message. Important Notice: Your wireless-service
provider may charge you for each text message you send and
receive. These charges are in addition to the text messaging
entry method fee. Please consult your wireless-service provider
regarding their pricing plans. By sending in your vote via
text messaging, you agree to receive periodic promotional
text messages. If you no longer wish to receive future promotional
text messages, reply "STOP" to a text message sent
to you.
ALTERNATE (NO PURCHASE NECESSARY) METHOD OF ENTRY. You can
enter your request, dedication or comment by entering in the
required information at www.promotxt.com/contact.htm or by
calling the Media Partner ’s published telephone request
line.
ALERTS
THE SERVICE
Service and Content. PromoTXT, through the PromoTXTcom Site,
permits you to purchase (the "Service") a non-exclusive,
revocable, non-transferable, non-assignable, personal,
limited license to receive text alerts or digital content
to your mobile device.
Payments and Fees.
Memberships. Each membership subscription term is 30 days
and is automatically renewed every 30 days. Items covered
by the subscription can be found in this website's FAQ as
membership components differ between subscriptions.
This Service is available for individuals aged 13 years or
older. If you are 13 or older but under the age of 18, you
should review these terms and conditions with your parent
or guardian to make sure that you and your parent or guardian
understand these terms and conditions. Monthly membership
is US $4.99 and includes up to 200 total messages. THIS IS
A RECURRING MEMBERSHIP BILLED MONTHLY TO YOUR CELL PHONE.
You can choose any of the services offered. Each message
sent to your phone counts against your monthly total.
CONTENT USAGE RULES
You acknowledge that the Content may contain security technology
that limits your usage of the Content to some or all of
the following usage rules, and you agree to use the Content
in compliance with such usage rules.
(a) Your use of the Content is conditioned upon your prior
acceptance of the terms of this Agreement.
(b) You may only use the Content for personal, noncommercial
use.
(c) You may only use the content on one single Device.
(d) You may not export, burn or copy the Content unless expressly
permitted by this Agreement.
(e) You agree that you will not attempt to, or encourage
or assist any other person to, circumvent or modify any security
technology or software that is part of the Service or the
Content.
(f) The delivery of Content to you does not transfer to you
any commercial or promotional use rights in the Content.
(g) PromoTXT cannot guarantee that you will not be exposed
to content that you find objectionable and assumes no responsibility
for the content included in your services.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK.
THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. PromoTXT EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT
TO THE SERVICE AND CONTENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PromoTXT
MAKES NO WARRANTY:
(1) THAT THE CONTENT WILL WORK WITH YOUR DEVICE;
(2) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE;
(3) REGARDING ANY CONTENT PURCHASED OR OBTAINED THROUGH OR
FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE SERVICE; OR
(4) REGARDING ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF OR FROM THE SERVICE (DOWNLOADING OR ACCESS
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT).
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM PromoTXT OR THROUGH OR FROM THE SERVICE WILL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
LIMITATION OF LIABILITY
PromoTXT'apos;S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY,
IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICE
PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS
AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID DURING
THE TERM.
PromoTXT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS
AGREEMENT OR THE SERVICE IN ANY MANNTER, INCLUDING LIABILITIES
RESULTING FROM
(1) THE USE OR THE INABILITY TO USE THE SERVICE OR CONTENT;
(2) THE COST OF PROCURING SUBSTITUTE CONTENT AND SERVICE;
(3) ANY CONTENT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; OR
(4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF PromoTXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
PromoTXT WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM
INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, INCLUDING,
BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT
OR INTENTIONAL, INADVERTENT OR ADVERTENT. (d) PromoTXT WILL
NOT BE LIABLE FOR ANY DAMAGE TO YOUR DEVICE OR PERSONAL COMPUTER
CAUSED BY THE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE
TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
Contact an ATS representative today by email.
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