Rules and Regulations
RESEARCH IN MOTION “BLACKBERRY® CURVE™ 8900 FAVE 5SM” CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
CONTEST PERIOD: The “BlackBerry® Curve™ 8900 Fave 5 SM” Contest (the “Contest”) starts at 12:00 a.m. E.S.T. on 10 March 2010 and ends at 11:59 p.m. E.S.T. on 10 March 2010 (the “Entry Period”).
ELIGIBILITY: The Contest is open only to legal residents of the fifty United States and the District of Columbia who are 18 years of age or older at the time of entry. Void where prohibited by law. Employees of Syncapse Corp. ("Sponsor"), Research In Motion Limited and each of their parent companies, subsidiaries, affiliates and advertising or promotion agencies, and members of the immediate families (parent, child, sibling and spouse of each) or households of such employees, are not eligible to participate.
TO ENTER: There are two ways to enter. To enter online, go to one of the following sites: newcurve8900.socialnation.net, apps.facebook.com/curvecontest or myspace.com/t-mobileblackberry and follow the directions. To enter on Facebook or MySpace, you must be a member of that site. To enter online, you will be required to provide your name, address, email address and mobile number and the names and email addresses of up to five (5) friends (your Fave 5). If entering on Facebook or MySpace, you will also have the option of selecting from your Facebook or MySpace friends. Sponsor will provide you with an email that you may send to your Fave 5 concerning the Contest. If you do not wish to enter online or to provide names and email addresses of up to five friends or to send a Contest-related email to your Fave 5, you may enter by mailing a 3” x 5” card on which you have hand-printed your name, address and mobile number, in an envelope with first-class postage affixed addressed to: BlackBerry® “Curve™ 8900 Fave 5” Contest, c/o Syncapse Media Inc., Suite 2600 - 405 Lexington Avenue, New York, NY 10174. Limit one entry per envelope. Online entries must be received by 11:59 p.m. E.S.T. on the last day of the Entry Period. Mailed entries must be postmarked by 11:59 p.m. E.S.T. on the last day of the Entry Period and received by 1:00 p.m. E.S.T. on the date that is three (3) days after the last day of the Entry Period. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Contest. There is a limit of one entry per person and per e-mail address, regardless of method of entry.
SELECTION OF WINNERS: One (1) potential winner will be selected from among all eligible entries received. The winner is subject to verification.
NOTIFICATION: The potential winner will be notified by email or phone, in Sponsor’s discretion. The potential winner (or the potential winner’s parent/legal guardian if winner is a minor in his/her state of residence) will be required to execute and return to Sponsor an Affidavit of Eligibility and Liability & Publicity Release, within four (4) business days of delivery of documents to the winner. If the potential winner is unreachable during a period of forty-eight (48) consecutive hours (Sponsor may elect not to leave messages on telephone answering machines or voice mail), or if the potential winner fails to respond or fails to sign and return the Affidavit of Eligibility and Liability & Publicity Release within the required time period, or if any attempted notification or prize delivery is returned as undeliverable, the potential winner may be disqualified and an alternate winner may be selected. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
PRIZES: The approximate retail value (“ARV”) of the prize is $4,800.00 USD. The prize consists of six (6) BlackBerry® Curve™ 8900 T-Mobile® smartphones (ARV $499.99 USD each) and an individual voice and data plan for three months of free service from T-Mobile® to be used in connection with the six (6) smartphones (ARV $300 for each T-Mobile® service plan). The prize consists only of the items expressly specified herein. No substitution or transfer of any prize is permitted except at the discretion of the Sponsor, which reserves the right to substitute a prize of equal or greater value. All expenses or costs associated with the acceptance or use of any prize are the responsibility of the winner. The prize is subject to the terms and conditions of the T-Mobile® service agreement. The warranty for the smartphone is the manufacturer’s standard limited warranty that accompanies the smartphone at time of delivery and the sole warranty for the wireless phone/service is the standard (limited) warranty (if any) that accompanies the service. The T-Mobile® service agreement expires after three months from the date of activation and will not be automatically renewed. Sponsor or its agents shall not be responsible for delays in delivery of any prize once it has been shipped by Sponsor or its agents. Each winner shall bear all risk of loss or damage to a prize after it has been delivered to the winner. Winner(s) cannot assign or transfer a prize to another person or entity and is not entitled to cash in place of the prize or prize component. Activation for a T-Mobile® service plan will be in the name of the winner only. Winner must reside within a T-Mobile® service area. Winner is responsible for all federal, state and local taxes on the service plan (including income and withholding taxes). Overages, international, downloads, and/or roaming charges incurred on the service plan will be the responsibility of the winner. All applicable taxes on prize value are the sole responsibility of the winner. An IRS form 1099 will be issued if required by law.
ODDS OF WINNING: Odds of winning depend on the number of eligible entries received.
GENERAL CONDITIONS: All federal, state and local laws apply. By entering the Contest, each entrant agrees: (a) to adhere to and accept these Official Rules and all decisions of Sponsor and any third parties retained by or on behalf of Sponsor in connection with the execution or administration of the Contest (the “Administrators”), which are final and binding in all matters relating to this Contest, (b) to release and hold harmless Sponsor, Research In Motion Limited, the Administrators and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies and representatives, and all others third parties associated with the development, administration and execution of this Contest, and each of their respective directors, officers, employees and agents (collectively, the “Released Parties”), from any and all claims or liability of any kind whatsoever (including without limitation claims of injury, loss or damage of any kind) resulting from participation in this Contest and/or the acceptance, possession, misuse or use of any prize, and (c) that the Administrators, Sponsor, Syncapse Media, Inc. and Sponsor’s designees may use the entrant’s name, voice, biographical information and likeness in connection with the Contest and for all advertising, trade, publicity and promotional purposes worldwide, in perpetuity, without notice, permission, review, approval or additional compensation except where required by law. The collection, use and/or disclosure of any personal information you provide is subject to the privacy policy set out at http://socialnation.net/privacy. The Released Parties are not responsible for (a) incomplete, lost, late, damaged, illegible, delayed, corrupted, misdelivered or misdirected e-mail, mail, submissions or other communications, (b) postage-due mail, (c) any technical problems or malfunctions of any telephone lines, computer systems, servers, providers, hardware or software, (d) lost or unavailable network connections, (e) failed, incomplete, garbled or delayed computer transmissions, (e) data loss or corruption, (f) human or technical errors of any kind, or (g) any combination of any of the foregoing. The Released Parties are not responsible for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail. The Released Parties are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Contest or any Web site related to the Contest; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any person participating in or connected with the Contest. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different identities, or any other methods will void that participant’s entry and that participant may be disqualified. Use of any automated system, process, mechanism or program to participate in the Contest is prohibited and will result in disqualification of the entry and/or video in question. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Contest at the actual time of registration will be deemed to be the entrant and will be required to comply with these rules; the unauthorized subscriber(s) will be disqualified. “Authorized subscriber” means the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the potential winning entry. If, for any reason, the Contest cannot be completed as planned as a result of a computer virus or bug, tampering, unauthorized intervention, fraud, technical failure or any other occurrence that in Sponsor's sole opinion corrupts or affects the administration, security, fairness, integrity, impartiality or proper conduct of the Contest, Sponsor reserves the right to modify, cancel, terminate or suspend the Contest by posting a notice at newcurve8900.socialnation.net, apps.facebook.com/curvecontest and myspace.com/t-mobileblackberry. All entries become the property of Sponsor and will not be acknowledged or returned. These Official Rules shall be governed by and construed under the laws of the State of New York, without regard to conflicts of laws principles. By entering, you consent to the jurisdiction of the federal and state courts located in the County of New York in the State of New York, which shall have exclusive jurisdiction over any lawsuit, claim or proceeding arising out of the Contest, irrevocably waive any objection thereto on the grounds of venue, forum non-conveniens or any other grounds, and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and. You further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these official Rules. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this contest or use or redemption of any prize. Sponsor is not responsible for any typographical or other error in the printing of the Official Rules, the announcement of any winners or any other Contest-related materials. In no event will more than the number of prizes stated in these Official Rules be awarded.
WINNERS LIST: For the names of the winners, mail a self-addressed, stamped envelope, to be received before March 1, 2009, to: “BlackBerry® Curve™ 8900 Fave 5” Contest Winners’ List, c/o Syncapse Media Inc., Suite 2600 - 405 Lexington Avenue, New York, NY 10174. Please print the Entry Date of the Contest on the front of the mailing envelope. VT residents may omit return postage.
Sponsor: Syncapse Corp., Toronto, Ontario, Canada M5G 1Z3.