Contest Terms and Conditions
mobimii.com iPod Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. ENTERING THROUGH TEXT MESSAGING ("SMS") OR MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The mobimii.com iPod Sweepstakes (the " Sweepstakes " ) may only be entered in or from the 50 United States and the District of Columbia , and entries originating from any other jurisdiction are not eligible for entry. The Sweepstakes is governed exclusively by the laws of the United States . You are not authorized to participate in the Sweepstakes if you are not physically located within the 50 United States or the District of Columbia at the time of entry or do not otherwise meet the eligibility requirements set forth below.
1. Introduction. mobimii.com (" Sponsor ") is the sponsor of this Sweepstakes. By participating in this Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and with the decisions of Sponsor, whose decisions shall be final and binding in all respects.
2. Eligibility. Participation is open only to legal residents of the 50 United States and the District of Columbia who have reached the age of majority in their state of residence at the start of the "Entry Period" (defined below). Employees, officers & directors of Sponsor and any participating promotional partners, here (together with Sponsor, the " Promotion Entities "), and their parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of promotion materials and their immediate families (parents, children, siblings, spouse) and/or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia . All federal, state and local laws and regulations apply. THIS SWEEPSTAKES IS VOID WHEREVER PROHIBITED BY LAW.
If you have been a Winner in any promotion of Sponsor that has ended within the last ninety (90) days, or if any member of your household (whether related or not) has been a Winner in any promotion of Sponsor that has ended within the last ninety (90) days, you are not eligible to participate in this Sweepstakes.
3. How to Enter. Beginning on 04/14/2007 at 12:01 AM EST and ending on 08/30/2007 at 11:59 PM EST (the " Entry Period "), you may enter this Sweepstakes. There are two ways to enter:
(a) SMS Entry: Only customers of Alltel, Boost Mobile, Cingular Blue (AT&T), Cingular Orange, Midwest Wireless, Nextel, Sprint, Verizon Wireless, Virgin Mobile (each a participating " Wireless Carrier ") may enter via SMS. The wireless phone that is used must be capable of sending and receiving text messages. Entrants should check their phone's features to see if they have that capability. If you have a text messaging capable phone from a participating Wireless Carrier, you may enter by text messaging your entry from your wireless phone to 35050 .
Simply text the word 'miicomp' and your answer to 35050. You will be charged a premium text-message charge of $0.99 per mobile message originated whether or not you win. Additionally, Wireless Carrier-specific charges for text messages may apply, depending on your individual wireless pricing plan, in accordance with your wireless customer agreement. Entrants may incur text messaging charges in connection with attempted entries and corresponding error messages even if their attempted entry does not go through because of connectivity or other problems. Entrants may opt-out of participating further through text messaging at any time by sending the message "STOP" in response to any message sent in connection with the Sweepstakes. You are responsible for all applicable taxes associated with placing an SMS Entry. Sponsor in its sole discretion may add or delete a participating Wireless Carrier at any time, without notice. Text message entry is designed to work with each participating Wireless Carrier, but Sponsor makes no guarantee that any particular wireless service provider will participate. Participating in the Sweepstakes through text messaging will not improve an entrant's chances of winning.
(b) Web Entry: You may also enter the Sweepstakes for free by visiting the mobimii website at www.mobimii.com and following the prompts to enter the Sweepstakes. Entrants must type in their cellular phone number and any other requested information as prompted, prior to entering the Sweepstakes. To enter you must register and log into the mobimii.com website and you must have a cellular phone and valid phone number.
No entrant may place more than twenty (20) entries in the same day, regardless of the method of entry. No automatic dialers or other automated entry devices, bots and/or other programs and/or software are permitted for entry. All entries become the sole and exclusive property of Sponsor and will not be returned. Delivery of any Item, as defined in "4" below, requires a street address (no P.O. Boxes) located within the 50 United States or the District of Columbia . Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission of or being charged for an entry will not be deemed to be proof of receipt by Sponsor.
4. DRAWING: All correct entries will be entered into a pool of winners and the final winner will be drawn from these eligible entrants by an independent judging agency, whose decisions are final and binding in all matters relating to this Sweepstakes. Winners will be notified by text message and/or email on or about 06/10/2007.
5. PRIZE DETAILS/ODDS: Prizes (also referred to herein as "Items") are as follows: First Prize: Apple Ipod with an approximate retail value of $249; Odds of winning depend on the number of eligible entries received.
6. REQUIRED DOCUMENTATION: Winners may be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release within seven (7) days after notification. If documents are not returned on a timely basis, or if any 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, such prize will be forfeited and an alternate winner selected.
7. Disputes. As a condition of participation in the Sweepstakes, entrants agree that any and all disputes which cannot be resolved between the parties, and/or any and all claims and causes of action arising out of or connected with the Sweepstakes, the Items and/or the determination of the Winners, shall be resolved individually, exclusively by arbitration pursuant to the commercial arbitration rules, then in effect, of the American Arbitration Association. Further, in any such dispute, under no circumstances will entrants be permitted to obtain awards for, and each hereby waives, all rights to claim punitive, incidental and/or consequential damages, and/or any other damages, including attorney's fees or other such related costs of pursuing a claim. The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules that would cause the application of another state's laws, and the forum and venue for any dispute shall be in Atlanta , Georgia .
8. General Conditions. Item(s) pictured in television and other advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. Actual Item(s) may vary from the Item(s) pictured. All details and other restrictions of Item(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. All federal, state and local taxes (and the reporting consequences thereof), and other expenses not specifically identified as included in the Items are the sole responsibility of Winner. Participation in the Sweepstakes and acceptance of the any Item constitutes Winner's permission for the Promotion Entities to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, in any media now known or hereafter developed (including, without limitation, posting Winner's name on the Internet), except where prohibited by law. By participating, each entrant and Winner hereby releases and agrees to hold the Promotion Entities and their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, harmless from and against any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death, and also including attorney fees, which may occur in connection with, preparation for, travel to, or participation in the Sweepstakes, or possession, acceptance and/or use or misuse of any Item or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation, invasion of privacy or merchandise delivery. Entrants who do not comply with these Official Rules, or attempt to interfere with the Sweepstakes in any way shall be disqualified. The Promotion Entities are not responsible for any printing, typographical, mechanical, human or other errors in these Official Rules, in the administration of the Sweepstakes, in the announcement of any Item, and/or in any advertising or other associated promotional materials in connection with the Sweepstakes. The participating Wireless Carriers and/or each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not Sponsors or promotional partners of this Sweepstakes, and none of the above-listed entities will have any liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any Item awarded.
Any attempted form of entry into the Sweepstakes, other than the entry methods stated, is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. The Promotion Entities, their affiliates, partners, sponsors and promotion and advertising agencies are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict an entrant's ability to enter the Sweepstakes, may cause entrant not to learn of winning or otherwise not be able to respond in a timely manner and including any injury or damage to participant's or any other person's phone, wireless device or computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) any virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor will randomly select the winner from all eligible non-suspect entries received prior to and/or after (if appropriate) the action taken by Sponsor. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes and/or any associated web site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning any Item if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automatic dialers or other automated entry programs), or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Any entrant found to be violating these Official Rules may be prohibited from entering into current and future Sweepstakes, in Sponsor's sole and absolute discretion.
WARNING: TRYING TO ALTER THE OPERATION OF THE SWEEPSTAKES TO INCREASE THE CHANCES OF A PARTICULAR PERSON WINNING OR OTHERWISE TAMPERING WITH THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY SUBJECT THE PERPETRATOR(S) TO CIVIL LIABILITIES AND/OR CRIMINAL PENALTIES.
9. Use of Data. Sponsor will be collecting personal data about entrants and share it with the Promotion Entities, all of whom will use it in accordance with Sponsor's privacy policy posted at http://www.mobimii.com/index.php?action=extra§ion=privacy. By participating in the Sweepstakes, entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's privacy policy.
10. Winner's Name. For any legally-required winners list, send a self-addressed, stamped envelope no later than twenty (20) days after the Entry Period end date to: mobimii.com, 1776 Peachtree Street, Suite 450 , Atlanta , GA .