General Text Messaging Sweepstakes Rules And Guidelines

General Program Description

These rules apply to the text messaging sweepstakes sponsored by Popingo's Convenience Stores, LLC (the "Sponsor"). The Sponsor's text messaging sweepstakes are to provide eligible entrants with the ability to contact the Sponsor via text messages from their cellular telephones with the intent of entering sweepstakes. Doing so will enter the entrant's cell phone number into a data base that the Sponsor will use to send information to contestants via text message. Such information may include information on sweepstakes, contests or promotions or news. All messages sent to or from the Sponsor are identified by the short code 41411. The Sponsor's text message data bases will include, but not be limited to, the cell phone numbers of the entrants who have entered the sweepstakes. The Sponsor may need each winner's name, address and birthdate to fulfill sweepstakes requirements and award the prize. Messages sent from the Sponsor will be to encourage entry for a sweepstakes, thank the entrant for entering a sweepstakes, notify the winner, or to provide information. Messages may be sponsored and contain a Sponsor message.

Entrant must have a two-way, text-enabled phone with compatible carrier and plan to enter. Compatible major carriers may include Alltel Wireless, AT&T, Boost Mobile, Cricket, Nextel, Sprint, T-Mobile, Verizon Wireless and Virgin Mobile USA. Whether an entrant is sending a message to the Sponsor or receiving a message from the Sponsor, standard text messages rates will generally apply. In some circumstances, you will be charged more than your carrier’s standard message and data rates. This is called Premium SMS or Premium Rate Text Messaging. In these circumstances, any additional charges will be clearly advertised on Sponsor’s web site or in the text message communications sent by Sponsor. Any Premium charges will appear on your next wireless bill or be deducted from your pre-paid balance. Text messaging and Premium Rate Text Messaging are not available in all areas or on all carriers within the United States.

Entrants can opt of messaging by texting a message to 41411 containing the word "STOP". If an entrant opts out and subsequently texts the Sponsor to enter a sweepstakes, the entrant will have to opt out again. Entrants can send text messages to the Sponsor and participate in various activities by including specific keywords in their messages sent to the Sponsor. These specific messages are tied to the specific sweepstakes and may change from time to time. Keywords will be announced on the Sponsor's web site, in e-mail blasts sent to those signed up to receive it, texted to those signed up to receive texts, advertising announcements, and/or other alternative means as Sponsor may undertake from time to time.

Sweepstakes-specific keywords will enter the entrant into a sweepstakes. An example of the use of this Keyword type might be texting the word "Popingo" to short code 41411.

General Program Rules

  1. For any and all sweepstakes with text-message based entry, entrants will be asked through the web site, text message, e-mailed message, or other advertising announcement to provide certain information via a text message submission to 41411. Text message entries must meet all requirements set forth in order to be eligible. Winners will be determined at random in accordance with the criteria set forth for the sweepstakes in which the entries were solicited and in accordance with the general rules set forth herein.
  2. Text message-based entry into any sweepstakes is subject to sweepstakes rules, including generic sweepstakes rules, written sweepstakes rules applicable specifically to the sweepstakes, if any, and the Privacy Policy. The foregoing policies can be obtained at www.popingos.com. Copies can also be obtained at the Sponsor's office, 10613 Highway 70, St. James, Louisiana 70086.
  3. Unless otherwise specified, entrants must be 18 or older as of the start date of the sweepstakes to enter to win.
  4. After the Sponsor contacts the winner via phone and/or text message, the winner will have 48 hours to contact the Sponsor to make arrangements to claim the prize. If the winner does not claim the prize within 48 hours of the Sponsor's initial contact, the prize will be forfeited, no alternative prize will be substituted, and a new winner will be contacted to win the prize.
  5. For texting sweepstakes, one entry per mobile phone will be permitted, unless otherwise specified, and the mobile phone owner is permitted to win only one prize every 30 days.
  6. Decisions of the Sponsor's management are final. Such decisions may include, but are not limited to, whether an entry adheres to the entry criteria, the time of entry receipt by the Sponsor, the order in which the text message entries are received, the eligibility of the entrant, and in the event that the entry requires the submission of an answer or response, whether the answer or response is correct. Eligibility requirements are outlined in Sponsor's general rules and rules specific to the sweepstakes.
  7. The Sponsor will not require the payment of an additional fee to enter any sweepstakes in which the means of entry is the submission of a text message. Standard text messaging rates, as established by an individual's carrier, will apply, and the Sponsor assumes no responsibility for any fees or charges incurred for or associated with any text message sent to or from the Sponsor. By participating in the sweepstakes, entrants agree that the Sponsor may contact them, via phone or text message, at the telephone number from which the text message was received. Any and all fees arising out of the transmission of a text message shall be the sole responsibility of the entrant.
  8. By participating in a sweepstakes in which text message-based entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers; the Sponsor does not guarantee and shall not be responsible for, the delivery or timeliness of any text message entry. The Sponsor will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The Sponsor, through its third party text messaging administrators, will store all messages received on its system.
  9. The Sponsor is not responsible for service outrages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. The Sponsor further reserves the right to cancel, terminate, or modify the sweepstakes if, in the sole discretion of the Sponsor, it is impossible or impractical to complete the sweepstakes as planned for any reason, including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, or technical failures of any sort.
  10. The Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or who is otherwise in violation of the rules. If the Sponsor determines that any entry contains false, misleading or fraudulent information, such entry will be disqualified. The Sponsor may require, or request, proof of identity as to the rightful owner of the phone number from which the text message entry was sent. The Sponsor reserves the right, in its sole discretion, to disqualify any entry if the entry's source and sender cannot be reasonably determined.

Generic Sweepstakes Rules

These are the generic rules governing all sweepstakes sponsored by Popingo's Convenience Stores, LLC (the "Sponsor"). These generic rules are to be taken together with the Sponsor's Privacy Policy, rules texted to contestants and available in written form at the Sponsor's office, and/or those on Sponsor's web site (including general texting guidelines). Sweepstakes are conducted using software and services of a third party under contract to Sponsor. All sweepstakes, the program, generic and specific sweepstakes rules and Sponsor’s privacy policy shall be governed by Louisiana law.

    Eligibility/Revision of Rules

  1. Some sweepstakes will have specific rules that may amend these generic eligibility requirements and any such specific rules will be available on the Sponsor's web site during said sweepstakes. Rules and other policies referred to above are also available during normal business hours at 10613 Highway 70, St. James, Louisiana 70086.
  2. Unless otherwise specified in rules specific to a particular sweepstakes, sweepstakes are open to all eligible people who live or work within the State of Louisiana.
  3. Unless otherwise specified in rules specific to a particular sweepstakes, the contestant must be 18 or older to win as of the day the sweepstakes begins.
  4. Unless otherwise specified in rules specific to a particular sweepstakes, only one entry per mobile phone is permitted in a sweepstakes. After winning a sweepstakes, the individual/mobile phone is ineligible to win any other sweepstakes offered by Sponsor for a period of 30 days or any consecutive sweepstakes.
  5. Sweepstakes are open to all eligible people except employees of the Sponsor and their immediate families, officers, directors and stockholders of the Sponsor, or sponsors or agencies involved in the production or distribution of materials for this sweepstakes. Immediate family is defined as the spouse and children. Immediate family also includes individuals for whom the employee is the current legal guardian.
  6. If it is determined that a selected contestant is ineligible as a result of any of the eligibility restrictions set forth here or in the rules specific to a particular sweepstakes, another contestant will be selected. Any prize awarded to an ineligible contestant will be deemed null and void, and an alternative eligible winner will be selected at random from all entries and named by Sponsor.
  7. The decision of Sponsor personnel acting as sweepstakes judges is always final.
  8. No purchase is necessary to enter any sweepstakes offered by Sponsor. All federal, state, and local laws and regulations apply to the sweepstakes, Sponsor and sweepstakes participants. The sweepstakes is void where prohibited by law.
  9. Although the Sponsor will make reasonable efforts to conduct its sweepstakes substantially as announced or advertised, the Sponsor reserves the right to change the sweepstakes rules as circumstances may require if permitted by applicable law or regulation. Amended rules will be posted on the web site as quickly as possible. In such cases, the sweepstakes will be conducted in accordance with the amended rules.
  10. Use of Materials

  11. All entries become the property of the Sponsor and will not be returned. The Sponsor reserves the right to retain all sweepstakes materials for any reason, including those related to publicity and/or advertising.
  12. Anytime a contestant enters or wins a sweepstakes via in-person, text entry or online entry, the contestant should assume that the communication relaying the results of the sweepstakes and contestant's reaction will be recorded. Contestant shall grant the Sponsor permission to use the recording and the contestant's name, town and/or photo for promotional, broadcast or web site purposes. No compensation in cash or kind, beyond the prize itself, shall be expected by contestant or provided by contestant.
  13. If a sweepstakes requires photo entry, the contestant certifies that he/she has permission to publish the photo and shall grant permission to the Sponsor to use the photo on its web site.
  14. For any sweepstakes requiring web entry, the web site is www.popingos.com. Unless otherwise specified in the sweepstakes rules for a specific sweepstakes, sweepstakes winners will be chosen randomly. Entry deadlines will be specified.
  15. For any sweepstakes requiring text entry, the contestant will be instructed to text a certain word to 41411. Entry deadlines will be specified. Unless otherwise specified, Sponsor personnel will choose the text winners randomly after the entry deadline has passed.
  16. For the Sponsor's web sweepstakes, e-mail promotions and sweepstakes requiring an e-mail or written entry, all appropriate information in required fields must be filled out or the entry will be disqualified. Required fields will be specified on line and on entry forms available at events. At a minimum, entrants must include the name of the sweepstakes or the prize, the entrant's name, address, phone number, and date of birth. Unless otherwise provided in specific sweepstakes rules, entries can be submitted via www.popingos.com, or mailed/delivered to 10613 Highway 70, St. James, Louisiana 70086.
  17. By entering a sweepstakes, the contestant agrees to be added to the Sponsor's data bases. If a contestant wishes to modify his/her registration information or stop receiving e-mails from the Sponsor, he/she must click "Unsubscribe me" at the bottom of any Sponsor newsletter. Contestants can opt out of text messages by sending a message to 41411 containing the word "STOP". If a contestant opts out and subsequently enters another sweepstakes, the contestant will have to opt out again.
  18. The Sponsor will contact winners at the conclusion of a sweepstakes via phone and/or e-mail. The Sponsor will not share the winner's entry information with anyone except as necessary for prize fulfillment (ex: a co-sponsor of a prize may need to know who won the prize).
  19. Claiming Prizes

  20. Sweepstakes winners are solely responsible for all applicable local, state and federal taxes on the prize awarded, as well as incidental expenses not specified in the description of the prize in sweepstakes materials (for example, gratuities). All winners of a prize(s) valued at $500 or more will be required to complete the appropriate tax forms at the Sponsor's office prior to claiming a prize. Winners will be sent a 1099 Miscellaneous Income federal tax form if in one calendar year, the prize value of all prizes exceeds $500, or whatever amount is required by federal law for that tax year.
  21. Contestants must possess a valid form of identification bearing the picture of the contestant that is acceptable to the Sponsor and presented before the prize is awarded. For prizes valued at $500 or more, the winner must present a Social Security card. Failure to present acceptable identification and/or other required documents will result in the winner's forfeiture of the prize. No substitute prize will be awarded.
  22. Winners will be required to claim their prizes at the Sponsor's office 10613 Highway 70, St. James, Louisiana 70086, between 8:00 a.m. and 4:30 p.m., Monday through Friday (excluding holidays) within 30 days of being notified that they are winners, unless there is an expiration date on a prize that is specifically stated as part of the prize (for example, tickets to an event on a specific date must be claimed by that date) or as may be provided in specific sweepstakes rules. Prizes not claimed by the applicable deadline will result in the forfeiture of the prize, which shall remain the property of the Sponsor.
  23. Transferability and Substitution Not Permitted

  24. Prizes awarded are not redeemable for cash. No prize is transferable or exchangeable and no prize substitutions will be made at the request of a prize winner. The Sponsor reserves the right to substitute a prize of similar value if the original prize is withdrawn by a sponsor, lost, damaged, stolen or becomes otherwise unavailable. The Sponsor cannot be held responsible for unforeseen circumstances, and no substitute prizes will be awarded if such circumstances exist except as provided herein. The Sponsor shall not be held responsible if a prize has been offered by a company that subsequently goes out of business without supplying the prize to Sponsor, and no substitute prize will be awarded by Sponsor if such situation exists.
  25. Liability

  26. The Sponsor assumes no liability for situations, damages, repairs or incidents arising from any aspect (including use by the prize winner) of any prize awarded in any sweepstakes. The Sponsor, its advertising agencies, affiliates, contractors, and sweepstakes sponsors, and each of their respective officers, directors, shareholders, members, managers, officers, employees, agents, contractors, representatives, equity interest holders, successors and assigns, and immediate families of each individual in the foregoing list (the "Sponsor Parties") absolve themselves and shall be held harmless from any action or liability arising from any sweepstakes or prize awarded in any sweepstakes. As a condition of winning a sweepstakes, contestants shall sign a release form in favor of the Sponsor Parties and affidavit of eligibility to claim their prize. Failure to do so will result in forfeiture of the sweepstakes contestant's right to claim or receive the prize.
  27. In the event that the sweepstakes winner is subject to or the subject of any order or legal process issued by any governmental agency having jurisdiction over the affairs of the winner (i.e., garnishment, child support order, judgment, lien, and the like), the Sponsor's delivery of the prize to the official representative of the governmental entity claiming a right to the prize shall be thus deemed as the Sponsor awarding the prize to the winner. The Sponsor shall be entitled to rely upon any documents presented by the representative seeking to collect the prize in lieu of the winner. The Sponsor shall not be liable for any claim by any winner for damages incidental thereto.
  28. Where applicable, the Sponsor, its affiliates, participating sponsors, their agencies and the like, or any member thereof, makes no claims regarding the merchantability or fitness for any purpose of the prize. Any warranties applicable to the prize and the operating instructions therefor shall be provided by the manufacturer of the prize, any Sponsor shall have no obligation or liability with respect thereto.
  29. The Sponsor reserves the right to interrupt and/or discontinue any sweepstakes or promotion (and not award the offered prize) at the discretion of the Sponsor's management if world events, the national mood, or public safety so warrant.
  30. The Sponsor shall have no responsibility for any contestant's failure to enter, win or claim any prize based upon difficulties with telephone, facsimile, mail, texting, e-mail or internet services; transportation difficulties suffered by the entrant or prize winner, or any other circumstances having a negative effect or result on the entrant in any sweepstakes.
  31. By entering any sweepstakes, each entrant indicates his or her agreement to release and discharge the Sponsor Parties from any and all liability whatsoever in connection with any sweepstakes conducted by Sponsor, including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including but not limited to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light).

Privacy Policy

Popingo's Convenience Stores, LLC ("Popingos") values your privacy and will not violate your trust when providing us your personal information on www.popingos.com, through our e-mail, text messaging, or other sweepstakes entry forms. Please read the following statement and feel free to contact us if you have any questions.

Popingos collects personal information during sweepstakes, as well as interactive areas requiring registration. Information is collected in certain portions of sites in which guests provide content submissions and suggestions or participate in interactive online activities (e.g., voting, surveys, and sweepstakes registrations). Information is also collected when contestants enter texting sweepstakes, or enter information from our e-mail newsletters. Popingos may use such information to fulfill prizes and purchases, track compliance with our rules and terms and conditions, or for editorial and feedback purposes (to the extent that is explained when guests provide the information). In the event Popingos plans to post any such information on a site, guests are provided prior notification of such posting and given the option of preventing such posting.

Unless otherwise disclosed during collection, Popingos will NOT provide any personal identification information, regardless of its source, to any third party for any purpose whatsoever. Popingos does not post winners' e-mail addresses or phone numbers on the Popingos web site. It is our goal to make your visits to our site easy, private and enjoyable.

Information submitted at the time of registration or submission (whether via internet, texting, e-mail or via written entry) may be used for marketing and promotional purposes by Popingos. If a contestant objects to any such use, he/she may stop that use – either by e-mail request or by modifying his/her registration information online. When you register with Popingos, every effort will be made to maintain your information in a secure environment by Popingos, but Popingos provides no guaranty or warranty to that effect.

If you wish to modify your registration information or stop receiving e-mail updates from Popingos, follow the UNSUBSCRIBE link at the bottom of any e-mail. Or, for text messages, reply "STOP" to any text message you receive from Popingos. If a contestant opts out and subsequently enters another sweepstakes, the contestant agrees to be added once again to Popingo's data bases.

Mobile Coupon Terms and Conditions

Mobile Coupons are valid only at Participating Popingo’s Convenience Stores, LLC locations.

Not responsible for typographic or photographic errors. Not all items are available at all locations. Specials are good through the dates listed or while quantities last. Limitations for customer and/or household may apply.

Customer is responsible for any applicable taxes.

Popingo’s Convenience Stores, LLC reserves the right to refuse any coupon with or without notice.

© Copyright 2012 Popingo’s Convenience Stores, LLC. All other copyrights are property of their respective owners.

© 2012 Popingo's Convenience Stores, LLC. All Rights Reserved.