T-Mobile Wish List Sweepstakes ("Promotion")
2009 OFFICIAL RULES
NO PURCHASE, TEXT MESSAGE OR UPGRADE NECESSARY TO ENTER OR WIN. A PURCHASE TEXT MESSAGE OR UPGRADE WILL NOT INCREASE YOUR CHANCES OF WINNING. PROMOTION VOID WHERE PROHIBITED. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AND WHO ARE T-MOBILE CUSTOMERS IN GOOD STANDING WITH VALID T-MOBILE SERVICE CONTRACTS DATED ON OR BEFORE 9/1/09. DO NOT ENTER IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND ARE NOT A T-MOBILE CUSTOMER IN GOOD STANDING WITH A VALID T-MOBILE SERVICE CONTRACT DATED ON OR BEFORE 9/1/09 OR ARE NOT LOCATED IN THE UNITED STATES AT TIME OF ENTRY. THIS PROMOTION WILL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON.1. ELIGIBILITY REQUIREMENTS: Open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry and who are T-Mobile customers in good standing with valid T-Mobile service contracts dated on or before 9/1/09. Employees, contractors, directors and officers of T-Mobile USA, Inc. ("Sponsor") or any of its parent, subsidiary and affiliated companies, retailers, distributors, licensees, manufacturers, web design, advertising, fulfillment and promotion agencies involved in the administration, development, fulfillment and execution of this Promotion (collectively with Sponsor, "Promotion Parties"), and the immediate family members of Promotion Parties (including but not limited to a spouse, parent, child, sibling, grandparent or "step" of each and their respective spouses, regardless of where they reside) and those living in Promotion Parties’ same household (those persons whether related or not who live in the same residence for at least three (3) months during the twelve-month period preceding the start date of the Promotion) are not eligible to participate or win. Promotion is subject to all applicable federal, state and local laws.
2. PROMOTION PERIOD: Promotion begins on 11/4/09 at 12:00:01 pm Eastern Time ("ET") and ends on 1/12/10 at 11:59:59 am ET ("Promotion Period"). Sponsor’s time clock is the official clock for this Promotion. The respective start and end dates and times set forth herein make up the promotion period ("Promotion Period"). Consumers can obtain registration information for the Promotion at www.myt-mobile.com.
3. TO ENTER: During the Promotion Period, there are three (3) ways to enter the Promotion.
A. IN STORE: Existing qualified T-Mobile customers who visit a participating store and do any of the following: (i) add an additional line to their existing T-Mobile service; (ii) upgrade their handset; or (iii) add a data plan to their T-Mobile service (Even More and Even More Plus plans excluded), will be sent an SMS message directing them to visit www.t-mobilewishlist.com and follow the steps required to register for the promotion. Once they have completed the registration form, they will be entered into the promotion. Each qualifying action will count as one (1) entry. Standard fees apply for text messages sent and received.
B. ONLINE: Existing qualified T-Mobile customers who visit www.t-mobile.com and follow the directions provided to do any of the following: (i) add an additional line to their existing T-Mobile service; (ii) upgrade their handset; or (iii) add a data plan to their T-Mobile service (Even More and Even More Plus plans excluded), will be sent an SMS message directing them to visit www.t-mobilewishlist.com and follow the steps required to register for the promotion. Once they have completed the registration, they will be entered into the promotion. Each qualifying action will count as one (1) entry. Standard fees apply for text messages sent and received.
C. BY MAIL: To enter the Promotion by mail and receive one (1) entry without taking any of the actions listed above in sections 3A and 3B, entrant must submit a self-addressed, properly stamped postcard labeled "T-Mobile Wish List Sweepstakes" with entrant’s full name, complete mailing address, date of birth, email address, T-Mobile mobile phone number for customer verification purposes and at least one (1) but not more than two (2) working telephone numbers (including area code(s)) for notification purposes only. Postcards must be sent in an envelope with proper postage affixed to: T-Mobile Wish List Sweepstakes, 35610 Mound Road, Dept. 263, Sterling Heights, MI 48310, for receipt on or before 1/22/10. Mail-in entries must be hand-printed and mailed separately.
Limit four (4) entries per T-Mobile account, per person, per email address and per household for the entire Promotion Period, regardless of method of entry. Entries received from any T-Mobile account, person, email address or household in excess of the stated limitation will be void. Entries generated by script, macro and/or other automated or mechanical means and entries by any means which subvert the entry process are void. All entries become the property of Sponsor and will not be acknowledged or returned.
4. DRAWING AND WINNER SELECTION: The prize drawing ("Prize Drawing") will be conducted from all eligible entries received throughout the Promotion Period combined to select one (1) Grand Prize Winner, one (1) First Prize Winner and seven hundred and fifty (750) Second Prize Winners, subject to verification of eligibility and compliance with these Official Rules. Grand Prize Winner, First Prize Winner and Second Prize Winners may be collectively referred to herein as the "Prize Winners". The Prize Drawing will be conducted by PrizeLogic whose decisions shall be final and binding on all matters relating to the Promotion. Odds of being selected as a Prize Winner depend on the number of eligible entries received during the Promotion Period.
PRIZE WINNER NOTIFICATION: Potential Prize Winners may be notified by email and/or phone (at Sponsor’s sole discretion) at the telephone number(s) provided by entrant at the time of entry Notification for each Prize Winner will take place on or about 2/10/10 and 2/12/10 between the hours of approximately 11:00 am ET and 1:00 pm ET (i.e. 10:00 am – 12:00 pm Central Time; 8:00 am – 10:00 am Pacific Time) each day ("Notification Period"). Entrants must respond to notification on or before 2/15/10 between the hours of 11:00 am ET and 1:00 pm ET (i.e. 10:00 am – 12:00 pm Central Time; 8:00 am – 10:00 am Pacific Time) ("Response Deadline"). Sponsor’s representative will attempt to call each number provided by entrant at the time of entry up to three (3) times during the Notification Period but no messages will be left. If entrant does not answer by the Response Deadline, entrant’s "Prize Winner" status will be forfeited and Sponsor shall have no further obligation to such entrant. Potential Second Prize Winners who are notified by the Response Deadline and confirm their wish to receive the Prize, will be sent a prize via U.S. Mail Potential First and Grand Prize Winners who are notified by the Response Deadline and confirm their wish to receive the prize will be sent an Affidavit of Eligibility and a Liability/Publicity Release (where lawful) (collectively, the "Prize Acceptance Form") which must be completed and returned as instructed in the Prize Acceptance Form within seven (7) business days of receipt of the Prize Acceptance Form. If the Prize Acceptance Form is not completed within the specified time period, the Prize Acceptance Form is returned as undeliverable, or any potential Prize Winner is not in compliance with these Official Rules, the prize will be forfeited and Sponsor will have no further obligation to such Prize Winner. Limit one (1) Prize Winner per household address.
5. PRIZES:
A. Grand Prize (1): One (1) 46" Sony - BRAVIA / 46" Class / 1080p / 120Hz / LCD HDTV; one (1) all-in-one Sony - BRAVIA 1000W 5.1-Ch. Home Theater System with 5-Disc Upconvert DVD Player Model: DAV-HDX589W; and one (1) Wii Gaming Console. The total Approximate Retail Value ("ARV") of the Grand Prize is $5,030 US (including shipping and installation).
B. First Prize (1): One (1) Family Vacation for four (4) to Oahu, Hawaii. Trip includes Trip includes round-trip coach class air transportation from First Prize Winner’s residence to Oahu, Hawaii, four (4) days/three (3) nights standard hotel accommodations (one (1) room, quadruple occupancy, a compact rental car and $300 in spending cash (awarded as a check). The total maximum ARV for the First Prize is $5,000 US. If First Prize Winner is at least 18 years of age but still considered a minor in his/her jurisdiction of residence, his/her parent or legal guardian must fulfill all requirements imposed on Prize Winner set forth herein and accompany him/her as one (1) of the three (3) guests permitted on the trip. If First Prize Winner resides within a 100-mile radius of destination, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof. Actual value of prize may vary based on point of departure and location chosen. Any difference between stated value and actual value will not be awarded. Car rental is subject to certain terms and conditions specified by car rental agency. Travel must be completed by 12/31/10 or prize will be forfeited and Sponsor will have no further obligation to such First Prize Winner Air transportation may require connecting flights. Sponsor reserves the right to require all travelers to fly on certain days of the week, and/or at certain times of the day or night, and/or on certain airline carriers. Hotel accommodations will be at Sponsor’s choice of hotel. Trip is subject to availability and confirmation of reservations. Flight details are subject to space availability, and airline carrier’s regulations and conditions apply. The trip may not be combined with any other offer, and travel may not qualify for frequent flyer miles. First Prize Winner and guests must travel together on the same itinerary. Any identification and travel document requirements associated with air travel are the Prize Winner’s and each guest’s sole responsibility. Promotion Parties are not responsible for lost or mutilated travel documents or tickets, and none will be replaced. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades. In the event the trip is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, or for any reason, Sponsor shall, at Sponsor’s sole discretion, determine what (if any) substitute prizing will be awarded and shall have no further obligation to First Prize Winner. Each guest must be of legal age of majority in his/her jurisdiction of residence (and at least 18), unless accompanied by his/her parent or legal guardian and must sign a liability/publicity release prior to issuance of travel documents must sign and return release on behalf of such child or legal ward and travel with such minor on trip as one of the guests. Travel arrangements must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Travel is subject to availability. Certain blackout dates and travel restrictions may apply. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided, including luggage fees, ground transportation, meals, souvenirs and gratuities are the sole responsibility of the First Prize Winner.
C. Second Prizes (750): Second Prize winners will win one (1) of the following (as determined by Sponsor in its sole discretion):
(50): A SpaFinder gift card. ARV: $150 each.
(50): A Home Depot gift card. ARV: $100 each.
(200): A Starbucks gift card. ARV: $20 each.
(200): $25 AMC movie gift cards. ARV: $25 each.
(50): An American Express gift card. ARV: $50 each.
(100): An Amazon.com gift card. ARV: $25 each.
(100) The Shack (Radio Shack) gift card. ARV: $50 each.
Total ARV for all prizes is $41,530 US.
6. GENERAL PRIZE CONDITIONS: Each Prize Winner is solely responsible for paying any local, state and federal taxes on the prize and any other costs and expenses associated with prize acceptance and use not specified herein as being provided; and Grand and First Prize Winners will receive an IRS Form 1099 for the ARV of the prize awarded. Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Gift cards are subject to certain terms and conditions specified by issuers. Prize Winners and guests agree to comply with all venue rules and regulations (if applicable). Failure to do so may result in forfeiture of prize. No cash equivalent or substitution of any prize is permitted, except as specifically provided herein and at the sole discretion of the Sponsor. Prizes may not be transferred, substituted or redeemed for cash. All prize details are at Sponsor’s sole discretion. Prizes pictured in point of sale, television and print advertising, promotional packaging, and other Promotion materials are for illustrative purposes only. Actual prize may vary from the prize(s) pictured. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in point of sale, television and print, advertising, promotional packaging and other Promotion media, ("Promotion Materials"), the details of the Promotion set forth in these Official Rules shall prevail. By participating, entrants agree abide by and be bound by these Official Rules and Sponsor’s Privacy Policy (available at www.t-mobilewishlist.com), and the decisions of Sponsor and judges, which are final and binding in all respects relating to the Promotion. Sponsor reserves the right to substitute a prize (or portion thereof) with another prize of comparable or greater value, at its sole discretion.
If for any reason the Promotion is not capable of running as planned (as determined by Sponsor in its sole discretion), including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual (and void all associated entries) who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Promotion. In the event of cancellation for any reason whatsoever, at Sponsor’s sole discretion, Sponsor reserves the right to award all prizes in a random drawing from all non-suspect, eligible entries received as of the time of cancellation. This Promotion is offered only in the United States and is governed by the laws of the State of Washington, and all claims must be resolved in the federal or state courts of King County, Washington, without giving effect to any choice of law rules.
7. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Promotion Parties resulting from user's participation in, attempt to participate in the Promotion, download of any information in connection with participating in the Promotion. No responsibility or liability is assumed by Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences, without limitation, that may affect the operation of the Promotion: hardware or software errors; faulty computer, telephone, cable, satellite, Internet Service Provider (ISP), network, electronic, wireless, cellular tower or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions or entries to be sent to or received; lost, late, delayed or intercepted e-mail transmissions, text messages, upgrades, subscriptions or entries; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Promotion. Promotion Parties are not responsible for entries, text messages, upgrades, subscriptions or emails that are late, lost, stolen, illegible, garbled, misdirected, incomplete, undelivered or damaged, or for postage-due mail; or for any printing or typographical errors or any other errors in connection with this Promotion, including, without limitation, errors or problems of any kind that may occur in connection with the administration of the Promotion, the processing of entries, text messages, upgrades or subscriptions, in the announcement of prizes, in these Official Rules, or for any inaccurate or incorrect data contained on the Web Site or in any other Promotion-related materials. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
Use of the www.t-mobilewishlist.com Web Site is at user’s own risk. Promotion Parties are not responsible for any personal injury or property damage or losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Promotion, use of the Web Site or the download of any information from www.T-Mobileutc.com. By participating in the Promotion, the entrant thereby releases Promotion Parties from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Promotion. By participating, each entrant agrees to release and hold Promotion Parties harmless from and against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Promotion; from acceptance, possession, misuse or use of a prize (including any travel or activity related thereto or any harm or injury resulting from the use of a vehicle) and any liability for taxes, duties or other levies assessed upon any of the prizes. Except where prohibited by law, by accepting a prize, each Prize Winner grants permission for Sponsor and those acting under Sponsor’s authority to use his/her name, photograph, biographical information, city and state of residence, voice and/or likeness, for advertising and/or publicity purposes, in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation, notification or permission. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the T-Mobile account will be deemed to be the entrant and he/she must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
8. PRIVACY POLICY: To review Sponsor’s privacy policy, please visit http://www.t-mobile.com/company/website/privacypolicy.aspx to see how Sponsor uses personal information obtained in connection with this Promotion.
9. WINNERS’ LIST REQUEST: For a list of all Prize Winners, send a self-addressed, stamped envelope, postmarked by 3/12/10 and received by 4/12/10 to: Wish List Winners’ List, PrizeLogic, 25200 Telegraph Road, Suite 405, Southfield, MI 48033.
10. SPONSOR: T-Mobile USA, Inc., 12920 SE 38th Street, Bellevue, WA 98006.