IManywhere IMeverywhere Sweepstakes Official
Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT
INCREASE YOUR CHANCE OF WINNING.
TO PARTICIPATE YOU MUST BE A LEGAL RESIDENT
OF THE 50 UNITED STATES OR WASHINGTON D.C., 13 YEARS OF AGE
OR OLDER AND A MEMBER OF AMERICA ONLINE AS OF DECEMBER 7,
2003. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
1. PROMOTIONAL PERIOD: The Imanywhere Imeverywhere
Sweepstakes begins on December 8, 2003 at 12:00AMEST and ends
on January 4, 2004 at 11:59:59 PM EST (the "Promotion
Period").
2. HOW TO ENTER: To enter, go to AOL Keyword
IMfree and follow the instructions to register. The Registration
page will ask participants for: email address, name, address,
telephone number, and date of birth. Participants will be
entered into the Sweepstakes upon successful submission of
registration and/or login. Limit one entry per week of the
Promotion Period for a total of 4 Sweepstakes entries. For
the purposes of calculating time during the Promotion Period,
a week begins on Monday at 12:00 a.m. ET and ends on Sunday
at 11:59 p.m. ET. Upon initial registration, Participants
will be asked to make a selection between three (3) Sweepstakes
prizes. The Participant, if selected as the Sweepstakes prize
winner, will be awarded the prize based on the selection he/she
made upon registration. Only one (1) Sweepstakes prize selection
is permitted per registered Participant. Upon login and/or
initial registration, Participants will be brought to a hub
page, from where they can choose to Play the Instant Win Acronym
game, for which the user will be asked to cast a vote for
the word that best corresponds to the Acronym by selecting
from a list of words. There will be a total of 4 different
Acronym Games, one (1) available each week during the Promotion
Period.. There are no right or wrong answers to the Acronym
Games. Upon casting a vote, Participants will be notified
if they are an instant winner of one of the 20 IMfree devices.
All instant wins are subject to confirmation, verification,
compliance with these Official Rules and final approval from
the judges. Limit one (1) sweepstakes entry and instant win
game play per week per person.
3. TELL A BUDDY. Participants may also earn
additional Sweepstakes entries by referring friends to the
site. For each referred friend who subsequently registers
as outlined above, the referring Participant will be credited
with an additional Sweepstakes entry. To earn additional Sweepstakes
entries without referring a friend, registered Participants
may send a 3x5 card with your email address, name, address,
telephone number and date of birth to “Imanywhere Imeverywhere
Sweepstakes Entries” to the address in #22. Entries
must be postmarked no later than Jamuary 4, 2004 and received
no later than January 12, 2004. Limit one (1) Sweepstakes
entry per postmarked envelope. No facsimiles or mechanical
reproductions will be accepted. Entries become property of
Sponsors and will not be acknowledged or returned.
4. PRIZES At the outset of the Sweepstakes,
there will be one (1) Sweepstakes prize and a total of Twenty
(20) [ five (5) each week] Instant Win prizes.
The Sweepstakes Prize. One (1) Sweepstakes Prize will be awarded
via a random drawing of all eligible entrants and will be
conducted on or about December 15, 2003. The winner will be
awarded one of the following prizes, based on the selection
he/she made upon initial registration.
Sweepstakes Choice #1: IMreal.
A $1,500 shopping spree. Prize awarded in the form of a gift
card. Gift card will be selected by Sponsors and is subject
to terms and conditions stated on card.
Sweepstakes Choice #2: IMchillin'
A large screen TV (minimum 32” screen) and DVD player
(make and model to be determined by Sponsors) and your choice
of 10 of the hottest Warner Bros DVDs around (subject to availability).
Approximate retail value $1,500.
Sweepstakes Choice #3: IMstylin'
A $1,500 shopping spree from winner's choice of either The
Gap or Abercrombie and Fitch. Prize awarded in the form of
a gift card. Gift card is subject to the terms and conditions
stated on card.
The odds of winning the Sweepstakes prize depend
on the number of eligible entries received.
Instant Win Prizes. Twenty (20) Motorola IMfree™
Personal Instant Messenger devices will be randomly seeded
throughout the promotion duration (five (5) each week) and
randomly awarded upon playing the IM Acronym Game as outlined
in Rule 2. Odds of winning a instant win prize are 1:2,133.
All instant wins are subject to confirmation, verification,
compliance with these Official Rules and final approval from
the judges. Proof of play and/or winning will not be deemed
to be proof of winning by Sponsors. If for any reason more
entrants receive an “instant winner” notice than
the number of prizes stated herein, Sponsors reserve the right
to award only the number of prizes stated in the Official
Rules for that category. In no event will more prizes be awarded
than those listed in the Official Rules. Retail value of Instant
Win prize is $99.00.
Total value of Sweepstakes and Instant Win
prizes available to be won: USD $3,480.00.
5. TELL A BUDDY CONTEST: One (1) IMfree device will be awarded
to each of the top ten (10) Participants who achieve the most
registered referrals. In the event of a tie, the tie will
be broken by a random drawing.
Total value of contest prizes available to
be won: USD $990.00.
6. ELIGIBILITY: To enter and be eligible to
win, you must be a legal resident of the 50 United States,
or Washington, D.C., 13 years of age or older, and a member
of America Online as of December 7, 2003. You are not eligible
if you are an employee of Motorola Inc., America Online, Inc.
(AOL) (collectively, “Sponsors”), their respective
advertising or promotional agencies, the Sweepstakes judging
organization, the prize suppliers, or a member of the immediate
family (defined as mother, father, brothers, sisters, sons,
daughters and spouse) or household of any of the above persons
(collectively the “Releasees”). Subject to all
federal, state, and local laws and regulations. Void in Puerto
Rico and where prohibited
7. RANDOM SWEEPSTAKES DRAWING: On or about
January 12 , 2004 an independent judging organization will
randomly select one (1) entry from the total number of eligible
entries received by the Sweepstakes closing date.
Sweepstakes Entrant who is notified that his/her
entry was selected in the random drawing is a Potential Sweepstakes
Winner. Potential Sweepstakes Winner is not a winner until
he/she has returned all required documentation and eligibility
has been verified by Sponsors. Potential Sweepstakes Winner
must comply with all terms and conditions of these Official
Rules, and winning is contingent upon fulfilling all requirements.
Potential Sweepstakes Winner will be notified by e-mail or
telephone on or about January 14, 2004. If a Potential Sweepstakes
Winner cannot be contacted within 7 days after the first attempt
to contact him/her, an alternate entrant will be selected
in his/her place at random from among all eligible entries
received. Except where prohibited, Potential Sweepstakes Winner
(or, if Potential Sweepstakes Winner is a minor, his/her parent
or guardian) must sign and return to Sponsors, within twenty-one
(21) days of being notified, an affidavit of eligibility and
liability/publicity release in order to claim his/her prize.
If the Potential Sweepstakes Winner (or his/her parent or
guardian) fails to sign and return the affidavit of eligibility
and liability/publicity release within the required time period,
an alternate entrant will be selected in his/her place at
random from among all entries received.
8. INSTANT WIN AND TELL A BUDDY PRIZE FULFILLMENT:
Instant Win and Tell a Buddy Prizes will be automatically
mailed to the winner’s address provided in the online
registration form. All prizes will be awarded. Allow 4 to
5 weeks after the Sweepstakes and Contest have ended for verification
and shipment of your Instant Win or Tell a Buddy prize.
All Winners are solely responsible for any
and all applicable fees and taxes associated with prize receipt
and use. Prizes are non-transferable and no substitutions
are permitted, except by Sponsors who reserve the right, in
their sole discretion, to substitute a prize of equal or greater
value if advertised prize is unavailable. Specifics of prize
are in Sponsors’ sole discretion. In the event a potential
Instant Win or Tell a Buddy prize winner is an eligible minor,
he/she will be contacted by telephone, and prize will be awarded
to his/her parent or legal guardian. Limit of one (1) Instant
Win or Tell a Buddy prize can be won per person.
CONDITIONS OF ENTRY:
9. Entrants (i) acknowledge compliance with
these Official Rules including all eligibility requirements
and, (ii) agree to be bound by the decisions of the Judges,
made in its sole discretion, which shall be final and binding
in all matters relating to this Sweepstakes and Instant Win
Game. Entrants who have not complied with these Official Rules
are subject to disqualification.
10. Sponsors are not responsible for late,
lost, damaged, misdirected, mutilated, garbled, illegible,
incomplete or postage-due mail or entries. Proof of transmission
(screenshots or captures of play etc.) and/or mailing does
not constitute proof of delivery. All entries become the property
of Sponsors and in no case shall be returned to sender.
11. Entries generated by script, macro, robotic,
programmed, or any other automated means are prohibited and
will be disqualified.
12. If a dispute arises regarding who submitted
an online entry, the entry will be deemed to be submitted
by the authorized account holder of the email address provided
at time of entry. The authorized account holder is deemed
as the natural person who is assigned to an e-mail address
by America Online, Inc.
13. Entrants and/or winners assume liability
for injuries caused, or claimed to be caused by participating
in the Sweepstakes, by the acceptance, possession, or use
of any prize awarded, including not limited to claims/damages
for personal injury, or property damage.
14. By accepting or participating in a prize,
winners consent to Sponsors’ use of his/her names, state
of residence, biographical information, voice, statements
relating to the Sweepstakes or Sponsors, and photographs or
other likenesses, without further compensation, in any publicity
carried out by Sponsors or any related entities in connection
with this Sweepstakes, except where prohibited by law.
SWEEPSTAKES OPERATION:
15. Any entry, or any other materials used
in this Sweepstakes that have been tampered with, altered,
reproduced, not legitimately obtained, or which contain or
reflect any error will be void. Without limiting the generality
of the foregoing, Sponsors reserve the right in their sole
discretion to terminate, modify, cancel or suspend this Sweepstakes
if fraud, technical failures including any network server
or hardware failure, viruses, bugs, errors in programming,
or any other errors or other causes beyond the control of
Sponsors corrupt the administration, security, or proper play,
of the Sweepstakes. In such event, Sponsors reserve the right
to award the prizes at random from among the eligible entries
received up to the time of impairment.
16. Sponsors and the other Releasees are not responsible for
any problems that may arise, including but not limited to,
technical malfunctions of telephone network or lines, computer
online systems, servers or providers, computer equipment or
software, viruses, bugs, failure of personal computers and/or
software and hardware configurations, or failure of any email
to be received by Sponsors or a participant for any reason
including but not limited to traffic congestion on the Internet
or at any website or combination thereof. Sponsors and the
other Releasees are not responsible for damage to a user's
system occasioned by participation in this Sweepstakes or
downloading any information necessary to participate in this
Sweepstakes.
17. Sponsors and the other Releasees do not
warrant that access to or use of the service will be uninterrupted
or error-free, or that the service will meet any particular
criteria of performance or quality. Sponsors and the other
Releasees expressly disclaim all implied warranties, including
without limitation, warranties of merchantability, title,
and fitness for a particular purpose, non-infringement, compatibility,
security or accuracy.
DISCLOSURES:
18. Any attempt by an entrant or other individual,
to deliberately damage any website or undermine the legitimate
operation of this promotion, including but not limited to
any fraudulent claims, is a violation of criminal and civil
laws. Should such an attempt be made, Sponsors reserve the
right to seek remedies and damages from any such individual,
to the fullest extent permitted by law, including criminal
prosecution. Sponsors’ failure to enforce any term of
these Official Rules shall not constitute a waiver of that
provision. Participant engaging in any of the foregoing activities
may be disqualified and will forfeit any prizes won.
19. Under no circumstances, including negligence,
shall the Sponsors, and the other Releasees be liable for
any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use the
service, or out of any breach of any warranty. This exclusion
or limitation of liability will not apply to the extent that
any applicable statute prohibits such exclusion or limitation
of liability.
20. Except where prohibited, all issues and
questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights
and obligations of the participant and Sponsors in connection
with the Game, shall be governed by, and construed in accordance
with, the laws of the Commonwealth of Virginia, without giving
effect to any choice of law or conflict of law rules (whether
of the Commonwealth of Virginia, or any other jurisdiction),
which would cause the application of the laws of any jurisdiction
other than the Commonwealth of Virginia.
21. This promotion is jointly sponsored by
Motorola Inc. 600 North Highway 45 Libertyville, IL 60048
and America Online, Inc., 22000 AOL Way, Dulles, VA 20166.
22. For a list of the winners, (available after
December 8, 2003) send a self-addressed stamped envelope to:
IManywhere Winners List 2, c/o NewWorldIQ, P.O.BOX 3058 Saratoga,
CA 95070-1058, to be received by February 9, 2004.
23. Information collected from entrant is used
only for the purpose of the prize drawing and to notify winners,
and will not be re-used, sold or shared in any manner by Sponsors
or any third parties unless entrant has elected to receive
additional information and promotional material from Sponsors
or a third party. Once the Sweepstakes has ended, all information
supplied by entrants will be removed from the database. By
entering the Sweepstakes, you agree to all of the terms and
conditions of the Motorla Privacy Policy, which is available
at www.motorola.com/privacy.
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