T-Mobile® Naughty or Nice? Sweepstakes
To participate in the T-Mobile Naughty or Nice? Sweepstakes (“Sweepstakes”), you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS & VALID E-MAIL ACCOUNT REQUIRED.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to T-Mobile USA, Inc. (“Sponsor”) and not to Facebook.
1. Sweepstakes Entry: The Sweepstakes begins on or about 9:00:00 a.m. Eastern Time (“ET”) on December 5, 2012 and ends 7:00:00 p.m. ET on December 31, 2012 (“Promotion Period”). Sponsor’s computer is the official clock for this Sweepstakes.
Step 1 – “Like” the T-Mobile USA Facebook Page
Navigate the Internet to http://www.facebook.com/TMobile (“Website”) and find the application for the “T-Mobile Naughty or Nice” Sweepstakes on the T-Mobile USA Page on Facebook. Click the “Like” button at the top of the page to unlock the entry form. You will be asked to ‘Accept Permissions’ in order to access the remaining Steps. Accepting Permissions is required in order to participate in the Sweepstakes.
Step 2 – Completion of Naughty or Nice Poll
Complete the “Naughty or Nice?” Poll by answering a series of multiple choice questions.
Step 3 - Entry Form
Complete the online entry form with your first name, last name, e-mail address, daytime phone number and date of birth.
Carefully read the Official Rules, then click the check box signifying that you have read, fully understand and agree to these Official Rules.
IF YOU DO NOT CHECK THE BOX INDICATING YOUR AGREEMENT TO THE OFFICIAL RULES YOU WILL NOT BE ELIGIBLE TO PARTICIPATE IN THE SWEEPSTAKES OR WIN A PRIZE.
Your answers to the “Naughty or Nice” Poll (Step 2) and entry information (Step 3) will together constitute your entry into this Sweepstakes (“Entry”). To submit your Entry, click the "Submit" button on the entry form. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such Entry.
After submitting Entry, entrant will have the option to share the Promotion with selected friends on Facebook and Twitter. If one of entrant’s referrals is randomly selected as the Sweepstakes Random Drawing Grand Prize winner the entrant will be awarded the Referral Grand Prize (see Rule 4 below).
You should refer the Promotion only to persons with whom you have a personal or professional relationship; AND who you believe would be interested in learning about the Promotion and T-Mobile; AND who are eligible to participate in the Promotion (see Rule 2 below). If a person you consider a friend indicates that he/she doesn’t want to be contacted by you regarding the Promotion and/or T-Mobile, it is your responsibility to honor that request and to refrain from contacting such person further about the Promotion and/or T-Mobile.
Limit one (1) Entry per person and/or Facebook account for the duration of the Promotion Period. Multiple Entries by an individual person or Facebook account in excess of this limitation or mass Entry attempts will result in disqualification of the person or Facebook account and void all related Entries. Use of automated/programmed/robotic means of Entry or other artifice or device to enter more than once is prohibited and any Entries submitted using such means will be voided and the individual disqualified from participation in the Sweepstakes. Sponsor and Administrator (as hereinafter defined) will not be responsible for late, lost, incomplete, or misdirected Entries. Proof of submission of Entry does not constitute proof of receipt of same. All Entries must be received prior to expiration of the Promotion Period. All Entries become the property of Sponsor and will not be returned or acknowledged. By entering this Sweepstakes, participants agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Sweepstakes.
2. Eligibility: Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia, who are at least 18 years of age or the age of majority in jurisdiction of residence (whichever is older) as of the date of Entry. Void where prohibited or restricted by law. Any individuals (including but not limited to employees) who have, within six months prior to the start date of the Sweepstakes, performed services for Sponsor, Big Fuel Communications, LLC, LeadDog Marketing Group, Inc. (“Administrator”), or any of their respective parent, affiliated or subsidiary companies or who have within six (6) months prior to the start date of the Sweepstakes performed services forany organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, supplying the prizes, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, grandchildren, step-grandchildren, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three consecutive months a year, whether related or not.
3. Prizes, Approximate Retail Value (“ARV”) and Odds of Winning (up to 130 winners):
Grand Prize (up to 10 winners): Each Grand Prize winner will receive one T-Mobile “Unlimited Prize Pack” consisting of: (1) Samsung Galaxy Note II with a one (1) year contract for T-Mobile’s Unlimited Value - Talk Premium, Unlimited Data, Talk and Text Plan and up to 5GB of high speed data, and one (1) MOGA mobile gaming controller. ARV: $1,899.99 each.
Runner-Up Prize (20 winners): Each Runner-Up Prize winner will receive one (1) Samsung Galaxy SIII mobile phone with a $50 T-Mobile gift card redeemable for products and services, including without limitation, one (1) month prepaid T-Mobile service and one (1) MOGA mobile gaming controller. ARV: $699.99 each.
Third Prize (100 winners): Each Third Prize winner will receive one (1) Android figurine. ARV: $10.00 each.
ARV of all Prizes: $33,999.70.
Third party trademarks are used for purposes of prize description only and such use is not intended to suggest or imply sponsorship, endorsement, or the approval of this Promotion. Any costs and incidentals not specified herein, including service plans and any related taxes and fees not otherwise specifically described as part of prize, are the winner's sole responsibility. Prize may not be sold, traded, transferred, refunded, commissioned or redeemed for cash value (except for gift card component of prize and only where such cash redemption is required by law) unless approved in writing by Sponsor or Administrator. LIMIT ONE (1) PRIZE PER PERSON/FAMILY/HOUSEHOLD.
Prize elements may be subject to additional restrictions. Gift cards are subject to terms/conditions indicated thereon. Sponsor in its sole discretion may award a substitute prize/prize component of comparable or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. Any portion of a prize not accepted by a winner will be forfeited, and the Releasees (as hereinafter defined) shall not be responsible for any inability of winner to accept or use any portion of the prize for any reason. Odds of winning a prize depend on the number of eligible Entries received. All applicable federal, state and local taxes are the sole responsibility of each winner. Where applicable, winners will receive an IRS Form 1099 reflecting the actual final retail value of the prize.
4. Validation/Winner Selection: Winners will be randomly selected on or about January 7, 2013 from among all eligible Entries received. The drawing will be conducted by Administrator, an independent judging organization whose decisions are final on all matters related to the Sweepstakes. If a Grand Prize winner is verified as being eligible and in compliance with these Official Rules and the Grand Prize winner was referred to the Promotion by another entrant (as per Rule 1 above), then the entrant making the referral will potentially win a matching Referral Grand Prize. Award of the matching Referral Grand Prize is made contingent upon entrant who made the referral being verified as eligible and in compliance with these Official Rules. If not verified (or, if verified Grand Prize winner does not indicate that he/she was referred to the Promotion by another entrant), then the matching Referral Grand Prize will NOT be awarded and Sponsor/Administrator will have no liability for same. Potential winners will be notified by e-mail. Failure to respond to the initial verification e-mail within three (3) business days after notification or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification. Potential winners will be required to sign and return within five (5) business days an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law. If the Affidavit of Eligibility, Release and Indemnification and Publicity Release is not returned to Sponsor/Administrator within specified time period, or if potential winner cannot be contacted for any reason, such potential winner will be disqualified and an alternate winner may be selected from all remaining eligible entries received; but, as noted above, if matching Referral Grand Prize winner is disqualified, matching Referral Grand Prize will NOT be awarded. In the event of any dispute concerning the identity of any entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account associated with the Facebook User ID used to participate in the Promotion. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
If for any reason the Sweepstakes is not capable of running as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, human error, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (in whole or in part), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify and/or suspend the Sweepstakes or take any other action Sponsor deems necessary or advisable in keeping with the structure and integrity of the Sweepstakes including, at Sponsor’s sole discretion, selecting winners from all eligible Entries received prior to the action taken, or as otherwise deemed fair and equitable by Sponsor in its sole discretion; and to disqualify any individuals who tamper with the entry process, violate these Official Rules, or act in a disruptive or abusive manner. Notice of such action by Sponsor will be posted on http://www.facebook.com/TMobile. No responsibility is assumed by Sponsor, Big Fuel Communications or Administrator for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, Internet Service Provider (ISP), servers or providers, computer equipment, software, failure of any e-mail or electronic Entry to be received on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, including, but not limited to, any injury or damage to participant's or any other person's computer related to, or resulting from, participation in or downloading any materials from this Sweepstakes.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Submission of an Entry is acknowledgement of and agreement to be bound by all terms and conditions of this Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
5. Additional Terms: By entering the Sweepstakes, each entrant agrees to release, discharge and hold harmless Sponsor, Big Fuel Communications, LLC, Administrator, Facebook, Inc., and each of their respective related, parent, subsidiary or affiliated companies, advertising and promotional agencies and prize suppliers, and each of their respective officers, directors, employees, agents and representatives (collectively, the “Releasees”), from any and all claims and liabilities arising from or relating to entrant’s participation in the Sweepstakes or any Sweepstakes-related activity and/or entrant’s acceptance, use, or misuse of any prize. By entering, each entrant further agrees that the Releasees have not made any warranty, representation or guarantee, express or implied, in fact or law, with respect to any prize, including without limitation, to such prize’s quality or fitness for a particular purpose (except, with respect to Sponsor only, the T-Mobile gift card element of the prize). By entering and if a winner, winner grants Sponsor and its licensees and assigns the right to use his/her name, voice, likeness, biographical information, testimonial and performance for programming, advertising, and promotional purposes, in any manner in any media and/or technologies throughout the world in perpetuity without further compensation (except where prohibited by law).
6. Disputes/Choice Of Law: Except where prohibited, and subject to the release and waiver of claims provision herein, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with Sweepstakes, (excluding any and all disputes, claims, and causes of action arising out of or connected with the prize or the use thereof), or the determination of the winners, 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) waive any right to seek or obtain injunctive or other equitable relief, and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering Sweepstakes, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, special, exemplary 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/or Sponsor, Big Fuel Communications, LLC and Administrator in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York State or any other jurisdiction, and all proceedings shall take place in the City of New York, County of New York.
7. Sponsor: T-Mobile USA, Inc., 12920 SE 38th St., Bellevue, WA, 98006.
8. Administrator: LeadDog Marketing Group, Inc., 159 West 25th Street, 2nd Floor, New York, NY 10001.
9. Names of Prize Winners: For the names of the prize winners, available after January 21, 2013, mail a self-addressed, stamped envelope to: T-Mobile Naughty or Nice Winners, c/o LeadDog Marketing Group, 159 West 25th Street, 2nd Floor, New York, NY 10001. Requests received after January 31, 2013 will not be honored.