YourMobile Sweepstakes of the Month (New Found Glory) OFFICIAL RULES
No Purchase
Necessary.
1. Eligibility: The YourMobile Sweepstakes of the Month (New Found Glory) (the "Sweepstakes") is open and offered only to legal residents of the 50 United States and the District of Columbia age 13 or older. Employees, officers and directors of: Moviso LLC ("Sponsor" or "YourMobile"); Fanscape, Inc. ("Fanscape"); their parents, affiliated and subsidiary companies; their legal advisors, advertising and promotional agencies, and web suppliers for this promotion; as well as the immediate family (spouse, parents, siblings and children, regardless of where they live) or members of the households of such employees, officers or directors (whether or not related), are not eligible. By entering, you (and your parents/legal guardians if you are an eligible minor in your jurisdiction of primary residence, on their and your behalf) agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Void where prohibited.
2. Information: By registering for the Sweepstakes you will be agreeing that your registration and any other information collected in connection with the Sweepstakes (including any mobile phone information collected in connection with your registration for the "Free Ringtone of the Month" promotion) may be used by Moviso, YourMobile and Fanscape in accordance with their Privacy Policies and may be shared with Sponsors affiliated business entities, and that you opt-in to receive email, text messages or other communications from Moviso, YourMobile or Fanscape. You may subsequently opt-out of the receipt of such email or communications by following the directions in the email, communications or by contacting Sponsor directly. Opting-out will not affect your participation, or chances to win, in the Sweepstakes. Entrants will also receive information from New Found Glory and participating contributors via e-mail unless they "opt-out" on the registration page.
3. Promotional Period: Sweepstakes begins on May 26, 2004 at 5:00:01 p.m. Pacific Time ("PT") and ends on July 1, 2004 at 4:59:59 p.m. (PT) (the "Promotional Period").
4.
Entry: To enter using the Internet, access the page located at http://www2.fanscape.com/yourmobile/nfg/signup.asp and complete all of the information fields required. Then click on the "Submit" button to be registered and receive one entry into the Sweepstakes. Your entry is not complete until you receive and view a confirmation page stating that your entry has been properly received. You do not need to own a mobile phone nor submit your mobile phone information requested at the bottom of the Sweepstakes registration page (in connection with the Free Ringtone of the Month promotion) to enter the Sweepstakes. However, you will need to enter such mobile phone information if you would like to, in fact, receive the Free Ringtone of the Month that is being promoted. Downloading the Free Ringtone of the Month will not affect your participation, or chances to win, in the Sweepstakes. Prior to or during entry you may be required to become a registered YourMobile member. By becoming a member you incur no obligation other than to agree to the site's Terms and Conditions, Privacy Policy and to receive certain communications from YourMobile. (You can opt-out of the receipt of email or other communications from the site by following the directions in the communication or contacting YourMobile directly.)
Limit one (1) entry per person during the Promotional
Period. Entrants may not enter with multiple email and/or multiple
identities nor may entrants use any other device or artifice to
obtain more than the maximum number of entries. Any entrant who
attempts to participate with multiple email and/or multiple
identities or uses any device or artifice to obtain more than the
maximum number of entries may be disqualified.
All online
entries must be received and processed by Sponsor's computer before
the expiration of the Promotional Period. The Sponsor's computer is
the official clock for the Sweepstakes. Any attempt to enter by any
other method is void. No responsibility is assumed for lost, late,
incomplete, misdirected, or illegible entries; or for any computer,
telephone, satellite, cable, network, electronic or Internet
hardware or software malfunctions, failures, connections, or
availability, or garbled, corrupt or jumbled transmissions, service
provider/Internet/web site/use net accessibility, availability, or
traffic congestion, or any technical error, or unauthorized human
intervention, or the incorrect or inaccurate capture of entry or
other information, or the failure to capture any such information.
5. Drawing: Winners will be selected by Sponsor by
random drawing from all eligible entries received during the
Promotional Period. Drawing will take place within approximately ten
(10) business days following the end of the Promotional Period.
Winners will be notified by email within approximately five (5)
business days of the drawing. Sponsor reserves the right to ship
prizes directly to the mailing address provided by winners during
their entry to the Sweepstakes.
6. Prize/Odds: First Prize Five (5) first prize winners will each receive a New Found Glory audio CD of Sponsor's selection (approximate retail value $15). Odds of winning depend on the number of eligible entries received. If winner is an eligible minor (i.e., over 13 years of age but still considered a legal minor in jurisdiction of residence), prize may be awarded in the name of or to winner's parents/legal guardians, or to winner's parents/legal guardians on behalf of minor, as solely determined by Sponsor. If a winner cannot accept a prize as stated, prize will be forfeited and awarded to an alternate winner. Prize may not be transferred, assigned, redeemed for cash or substituted, except that Sponsor may substitute prize with a prize of comparable value should stated prize become unavailable. Taxes are solely the responsibility of the winners.
7. General Conditions:
Winner may be asked to complete, execute and return an Affidavit of
Eligibility, a Liability Release, and where lawful, a Publicity
Release within ten (10) days of notification. Failure to return
documents timely, or if prize notification or prize is returned as
non-deliverable, or if winner is found to be ineligible or not in
compliance with these official rules, then disqualification will
result and an alternate winner will be selected. If winner is an
eligible minor, all affidavits, releases, grants, undertakings and
the like of winner must be executed and/or otherwise agreed to by
minor's parents/legal guardians on behalf of themselves and minor.
By accepting prize, where permitted by law, winner grants to Sponsor
and Fanscape and those acting pursuant to Sponsor's and Fanscape's
authority (and agrees to confirm said grant in writing) the right to
use and publish his/her name, biographical information, statements
made regarding the Sponsor, Fanscape or the Sweepstakes (provided
same are true), portrait, picture, voice and likeness for trade,
advertising and promotional purposes without additional
consideration, or notification, review or approval, worldwide, and
on the Internet. By participating, entrants (and their parents/legal
guardians if entrant is an eligible minor) release and agree to hold
harmless Sponsor, Fanscape, and their parents, affiliates, and
subsidiary companies, advertising and promotion agencies and their
respective directors, officers, employees, representatives and
agents from any and all liability for any injury, loss or damage of
any kind to person, including death, and property arising in whole
or in part, directly or indirectly, from acceptance, possession, use
or misuse of the prize, participation in any Sweepstakes related
activity, or participation in this Sweepstakes.
Sponsor
reserves the right, at its sole discretion, to disqualify any
individual it finds to be tampering with the entry process or the
operation of the Sweepstakes or web site; to be acting in violation
of the Official Rules; to be acting in violation of the terms of the
web site, or to be acting in a non-sportsmanlike or disruptive
manner, or with intent to annoy, abuse, threaten or harass any other
person. Any use of robotic, macro, automatic, programmed or the like
entry methods will void all such entries by such methods and subject
any participant using any such method to disqualification. In the
event of a dispute as to entries submitted by multiple users having
the same email account, the authorized account holder of the email
account used to enter the Sweepstakes at the actual time of entry
will be deemed to be the participant and must comply with these
Official Rules. Authorized account holder is deemed to be the
natural person who is assigned an email address by an Internet
access provider, online service provider or other organization which
is responsible for assigning email addresses or the domain
associated with the submitted email address.
8.
Limitations of Liability: Sponsor is not responsible for any
incorrect or inaccurate information, whether caused by web site
users, or by any of the equipment or programming associated with or
utilized in the Sweepstakes and assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction
or unauthorized access to, or tampering with or hacking of, the web
site or any technical failure of malfunction. Sponsor is not
responsible for injury or damage to participants' or to any other
person's computer related to or resulting from participating in this
Sweepstakes or downloading or copying materials from or use of the
web site. If, for any reason, the Sweepstakes is not capable of
running as planned by reason of infection by computer virus, bugs,
worms, tampering, hacking, unauthorized intervention, fraud,
technical failures, or any other causes which, in the sole opinion
of Sponsor, corrupts or affects the administration, security,
fairness, integrity or proper conduct of this Sweepstakes, Sponsor
reserves the right at its sole discretion to cancel, terminate,
modify or suspend the Sweepstakes, and select the winner from
entries received prior to the action taken, or as otherwise deemed
fair and equitable by Sponsor. IN NO EVENT WILL SPONSOR, FANSCAPE,
THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR
ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR
LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT
OF YOUR ACCESS TO AND USE OF YOURMOBILE'S OR FANSCAPE'S INTERNET
SITES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED
FROM SAID SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THESE
SITES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS
OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR
EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY
RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR
EXCLUSIONS.
9. Arbitration/Choice of Law: Except
where prohibited by law, entrants (and their parents/legal guardians
if entrant is an eligible minor) agree that: (1) any and all
disputes, claims, and causes of action arising out of or connected
with this Sweepstakes, or any prize awarded, or the determination of
the winner shall be resolved individually, without resort to any
form of class action, and exclusively by arbitration pursuant to the
Rules of the American Arbitration Association then effective; and
(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. All issues and
questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and
obligations of entrant (and their parents/legal guardians if entrant
is a minor) and/or Sponsor and/or Fanscape in connection with the
Sweepstakes, shall be governed by, and construed in accordance with,
the laws of the State of California, without regard for conflicts of
law doctrine, and all proceedings shall take place in Los Angeles,
CA.
10. Winners List: For name of the winner send a self-addressed stamped envelope for receipt by July 15, 2004 to: YourMobile Sweepstakes of the Month (New Found Glory) Winners List, c/o Moviso LLC, 10940 Wilshire Boulevard, 11th Floor, Los Angeles, CA 90024.
Sponsored By: Moviso LLC, 10940 Wilshire
Boulevard, 11th Floor, Los Angeles, CA
90024.
|