TERMS AND CONDITIONS: VAXTEXT

Initiative Period: March 26, 2011 – ongoing

How does it work? The VAXTEXT messaging program (the “Initiative”), sponsored by Pfizer, is designed to assist parents with the management of their children’s immunizations/vaccinations.  By agreeing to the Terms and Conditions, you represent that you agree to receive text messages sent to your mobile telephone or wireless device in connection with the VAXTEXT program.

You will request to receive, through a SMS call to action in printed materials, and at www.VAXTEXT.com, vaccination reminder text messages for your children from 0 to 24 months of age.  Upon entry and sending the ages of your children, you will receive up to three (3) text messages per child and per month over a period of two years with information about vaccines, general health and safety advice, and information about local vaccination clinics.

Requirements for Participants You must have your own wireless device with the capability of sending and receiving text messages, you must use wireless services from a participating provider, and you must be subscribed to a wireless service that includes text messaging.  Check your telephone’s functions with regard to specific messaging instructions.  

Not all cellular telephone providers offer the necessary service in order to participate.  Wireless service is available through the following participating providers in the U.S.: Alltel, AT&T Mobility, Cellular One, Nextel, Sprint, T-Mobile, Verizon Wireless and Virgin Mobile. The service is offered “as is” and it may not be available in all areas at all times, and it may also stop working if your wireless service provider makes product, software, coverage or other types of changes.

Users must be 18 years of age or older to participate in the VAXTEXT Program.

How can the participant quit or get help: You can quit the program at any time.  To quit, send the text message STOP to 38132 or reply STOP to any text message. To get help, send the text message HELP to 38132 or reply HELP to any text message, visit www.VAXTEXT.com or send an email to carrier@5thfinger.com.

Costs: Pfizer does not charge to participate in this program.  However, your provider’s messaging and data plan rates may be applied.  You can check rates with your mobile service provider.  Other rate charges may apply based on your individual wireless service pricing plan and your contract as a wireless service customer.  You are responsible for the payment of all the applicable taxes.  Consult your wireless service provider’s pricing plan.

Privacy Notice: The data that is obtained from you in connection with your registration for – and with your use of – this SMS service may include your child’s age, the state where you reside, your mobile telephone number, the type of device, the name of your provider and the date, time and content of your messages.  Pfizer may use this information to contact you and/or to provide the SMS services that you request from us.  The data that is obtained from you and other program participants will be used to evaluate the effectiveness of the program and if the text messaging results in adherence to the content received about your children’s recommended  vaccinations.  This evaluation may also involve comparing the data that is obtained from you and from other program participants and sending them to a third party’s database in order to provide aggregated information to Pfizer for detailed analysis.  The results of the evaluation will be aggregated and shared with any identified third party text messaging partner that may run the initiative. Third-party providers whose services we use may have access to personal information that they may need in order to carry out functions on our behalf.  Our service providers may not use this data except on our behalf and in accordance with these Terms and Conditions, which you can see online at www.VAXTEXT.com.  We will not use the data obtained from you to contact you about future text messaging programs or services.  Pfizer is not responsible for any delays in the receipt of SMS messages, since the sending is subject to the effective transmission of your network operator. 

Rights

Exemptions; no warranties; reservations
By participating, you agree to release and exonerate 5th finger, the participating wireless service providers (“Released Parties) and their respective representatives, agents, successors, beneficiaries, employees, officers and directors, from any and all liability related to any loss, damage, harm, cost or expense, which includes but is not limited to, property damage, physical injuries and/or death that may occur in connection with this Initiative, and any claim for violation of laws, or for infractions or violations of any of the rights of any person or entity, which includes but is not limited to, the violation of publicity rights, defamation and invasion of privacy. 

The Released Parties are not liable for any printing, typographical, mechanical or other type of error in the promotional materials associated with this Initiative.  The participating wireless service providers and/or their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not responsible for this Initiative, and none of them shall have the obligation or liability for any claim that may arise in connection with participation in this Initiative.   

The Released Parties do not guarantee and hereby disclaim any and all warranties, explicit or implied, related to any prize or content provided by third parties in connection with this Initiative.  WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT ANY TYPE OF WARRANTEE, EXPLICIT OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL OF THESE WARRANTEES, WHICH INCLUDE BUT ARE NOT LIMITED TO, IMPLICIT WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR SPECIFIC OBJECTIVES AND/OR NON-INFRINGEMENT.

The Released Parties are not responsible for technical, hardware, software, electronic, network, telephone or other types of communications defects, errors and malfunctions or of any other type; errors in transmission, traffic congestion, loss or unavailability of network connections, telephone connections, wireless telephone connections, website, Internet or availability of Internet Service Providers (ISP); unauthorized human intervention, traffic congestion, capture or entry of incomplete or inaccurate information (regardless of the cause); or for defective, incomplete, illegible, confused or delayed transmissions, which may limit or restrict your ability to send a message and including any damage to your wireless device or that of somebody else related to or as a result of participating in this Initiative. 

Pfizer reserves the right, at its entire discretion, to cancel, terminate, modify, extend or suspend this Initiative for any reason without notice, which includes but is not limited to, virus, errors, unauthorized human intervention, fraud or other causes beyond its control, which include but are not limited to, any factor that affects the administration, security, fairness or proper conduct of this Initiative.