‘What’s Your Favorite’ Game brought to you by BLOCKSAVVY
“ Official Rules”
NO PURCHASE NECESSARY TO ENTER OR WIN; PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
FOR PERSONS WHO ENTER THE PRIZE DRAWING THROUGH THIS GAME, THESE RULES GOVERN ALL ASPECTS OF GAMEPLAY, PARTICIPATION AND PRIZE AWARD.
1. Introduction. ‘What’s Your Favorite’ Game ("Game") is sponsored by BLOCKSAVVY LLC 213 West 4th Street, Ste 203, Austin, Texas 78701 ("Sponsor"). The Game is offered in conjunction with multiple companies ("Promoters") through different e-mail and Website offers (collectively, the "Presentation(s)"), announcing different prizes. One such Promoter is Sponsor. One (1) winner will be selected for each prize available, in a random drawing from among all eligible entries received through entry in Game. Each Presentation will announce which prize(s) are available through response to that Presentation. The prize for which an entrant is eligible depends on the Presentation through which the entrant entered the Game. Odds of winning a prize will depend on the number of entries received in any Presentation multiplied by the total number of entries that voted in the majority for their favorite item from the list of three options in any Presentation. The Game and the prize are referred to collectively as the "Promotion". All entrants will be eligible for a chance to win an invitation to a Party with leading music artists (“Grand Prize”).
ONLY ONE (1) PRIZE SHALL BE OFFERED FOR EACH PRESENTATION, BUT MULTIPLE GRAND PRIZES ACROSS ALL PRESENTATIONS WILL BE AWARDED.
2. Timing. The Promotion begins April 16, 2006 at 9:00 a.m. Eastern Time ("ET") and ends May 28, 2006 at 11:59 p.m. ET ("Promotion Period"). Sponsor’s computer is the official time keeping device for this Promotion. Various Presentations may be added to the Game throughout the Promotion Period.
3. Eligibility. The Promotion is open only to legal residents in the United States and the District of Columbia (excluding overseas military installations, Puerto Rico and other U.S. territories). Void where prohibited. Employees, officers and directors of Sponsors and Promoters, any prize contributors, their respective related companies, franchisees and agents, as well as the immediate family (defined as parents, spouse, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible to enter. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsors, which are final and binding in all respects. Participating carriers will include Verizon, Cingular Orange/Cingular Blue (formerly AT&T), Sprint/Nextel, T-Mobile, Dobson, Cellular One, Alltel, and Boost Mobile.
4. How to Enter. The entry process for both the Game and the Grand Prize are combined.
a. Game/Grand Prize: Reply to the Presentation, seen either on a participating website, or via email, by entering your preference as to which of the options on the Presentation is your favorite, and entering your mobile phone number in the field so designated, and pressing the “SUBMIT” button. After submission, you will receive a confirmation short message service text message (“SMS”) to your mobile phone, to which you must confirm your desire to play the game. Each entry via the cell phone shall incur a charge of $.99; additionally, depending on your cell phone carrier and your cell phone plan, standard text messaging charges may apply. After you have confirmed your decision to play, your opinion will automatically be entered, and you will have the chance to win the prize offered in the Presentation, and a chance to win the Grand Prize. You will be told via SMS when they will be notified whether they won the prize. If you are a winner, you instantly will receive an SMS explaining how to retrieve your Prize.
b. Alternate Method of Entry: If you would like to play the Game without using your mobile phone, visit http://www.blocksavvy.com/rules, and follow the links and instructions to receive one (1) Game play during the Promotion Period form, which you should print out and mail in to: What’s Your Favorite Game, c/o BLOCKSAVVY LLC, 11 West 30th Street, Suite 4R, New York, 10128. For all entries: You must include your name, mailing address, and email address where you will receive notice if you have won. Use of any automated program to enter will result in disqualification. Limit: You may enter/play one (1) time per person, per Presentation during the Promotion Period. Any attempt by any participant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays/entries and that participant may be disqualified. You may only win one (1) Game prize per person during the promotion period. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any mail in entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. 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.
You may enter for a chance to win the Grand Prize through as many Presentations as you like.
ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE GAME SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSORS WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
c. Opt-Out: If at any time you want to stop receiving messages from the Sponsor, reply STOP or END to any message received from Sponsor.
d. Support: If at any time you need help, reply HELP to any message received from Sponsor. If your questions are not answered in a satisfactory fashion, you may email Sponsor at any time at mobilehelp@blocksavvy.com.
5. Game and Drawings. Game: Sponsor is responsible for the functionality of the Game. If you are the potential winner of a Game prize, you automatically will receive a notification message to your mobile phone, or to your email address, if you are a mail in entrant. There will be ten (10) computer-generated winning times during the Promotion Period (one (1) random, computer-generated winning time for each Presentation during the Promotion Period). Grand Prize Drawing: The Grand Prize Drawing will be conducted in accordance with these Official Rules on or about March 10, 2006. For the Grand Prize, Sponsor will randomly select ten (10) entrants whose entries qualified them to win any individual Presentation from among all Presentations. Sponsor will then select ten (10) potential winners from among all eligible entries received through the selected Presentation. Entrants selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Grand Prize Winners will be notified by mobile phone or email within ten (10) days of the drawing. The potential winner of the Grand Prize Drawing must sign and return to Sponsor, within ten (10) days of being notified, an affidavit of eligibility and liability/publicity release in order to claim his/her prize. If the potential winner cannot be contacted within ten (10) days of the first attempt to contact him/her or if he/she fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, or if prize is returned as undelivered, an alternate entrant will be selected in his/her place at random from among all eligible entries received for the selected Presentation. For all drawings/selection: In the event that a potential Grand Prize winner or Instant Win Game winner is disqualified for any reason, Sponsors will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be one (1) alternate drawing after which the prize will remain unawarded. Winners of the Game or the Grand Prize who meet all of the eligibility requirements, are verified, and have fully complied with these Rules, will receive their prize within 8-10 weeks after the conclusion of the Promotion.
6. Prizes.
a. Prizes and their Approximate Retail Value ("ARV"): Six (6) PRIZES: Prizes include: Compact discs signed by the music artist (ARV no greater than $19.99 each), Design Your Own Pro-Ked’s Sneakers (no cash value, Sneakers have ARV of $80.00), iPod Nano loaded with exclusive original playlist assembled by major music artists (ARV $199.99), spend time with a major producer or DJ in a studio (no cash value), spend time with a major music artist (no cash value), get a new clothing outfit, head to toe (ARV no greater than $1,000.00), get a limited edition compact disc (ARV no greater than $34.99). The exact prize for which an entrant is eligible depends on the Presentation through which he/she entered. Sponsors will determine all features of the prizes in their sole discretion. The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Odds of winning a prize will depend on the number of entries received in any Presentation multiplied by the total number of entries that voted in the majority for their favorite item from the list of three options in any Presentation.
b. Grand Prize: Grand Prize: Ten (10) Invitations for the Grand Prize. The Grand Prize for a potential winner who entered through this Promotion will be an invitation for the winner and a guest to a private meet and greet event with some of their favorite music artists (no cash value).
For all prizes: Winners are solely responsible for all federal, state, and local taxes and other fees associated with prize receipt and use. No other substitution, assignment or transfer of prizes permitted, except by Sponsors, who reserve the right to substitute a prize with another prize of greater or equal value if prize cannot be awarded as stated. Sponsors will withhold and/or report taxes as required by the applicable law of Sponsors' and/or Promoters' jurisdiction and winner's jurisdiction.
7. Publicity. Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsors' use of winner's name, likeness, voice, opinions, hometown and state for promotional purposes in any media without further payment or consideration.
8. General Conditions. Sponsors reserve the right to cancel or modify the Promotion if fraud, technical failures or any other factor beyond their reasonable control impairs the integrity of the Promotion, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsors reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of this or any other Promotion or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsors' or any Promoter's Web site or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and, should such an attempt be made, Sponsors and Promoters reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. Release. BY PARTICIPATING IN THIS PROMOTION AND/OR RECEIPT OF ANY PRIZE, WINNER AGREES TO RELEASE AND HOLD HARMLESS SPONSORS, PROMOTERS (INCLUDING BUT NOT LIMITED TO SPONSOR), THEIR RESPECTIVE RELATED COMPANIES, FRANCHISEES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OF ANY PRIZE.
10. Limitations of Liability. Sponsors and Promoters are not responsible for and entrant hereby releases Sponsors and Promoters from any claims arising from: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any service; (4) unauthorized human intervention in any part of the entry process or the Promotion; (5) electronic or human error which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or from downloading any material from Sponsors' or Promoters' Website(s), regardless of whether the material was prepared by any Sponsor, Promoter, or a third party, and regardless of whether the material is connected to a Sponsor's or Promoter's Website by a hypertext link. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Grand Prize or Game play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsors, at their discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed. Sponsors reserve the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
11. Disputes. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for Connecticut or the appropriate Connecticut State Court located in Hartford County, Connecticut, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Sponsors and Promoters in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut, U.S.A. All federal, state, and local laws and regulations apply.
12. Data Collection. Sponsors and Promoters collect personal information from you when you enter the Promotion. The information collected is subject to both the Sponsor Privacy Policy (http://www.netcoredigital.com/privacypolicy.html)
13. Name Removal Notification System: If you would like your name removed from Sponsor's mobile or email list, please send a 3x5 card to: BLOCKSAVVY Name Removal - c/o BLOCKSAVVY LLC, 11 West 30th Street, Suite 4R, New York, 10128. Your name will be removed within 60 days of the request.
14. Winner's List/Official Rules. For the name, city and state of the winners and/or a set of Official Rules, send a self addressed, stamped envelope to "Guess Your Favorite/Rules Request" c/o BLOCKSAVVY LLC, 11 West 30th Street, Suite 4R, New York, 10128. Requests for winner's list must be received by July 1, 2006. VT residents may exclude return postage.
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